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(영문) 광주지방법원 장흥지원 2019.05.23 2019고단30
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 5, 2019, at around 23:13, 2019, the Defendant assaulted the Defendant, on his hand, at a pro-Japanese ward located in the Jeonnam-gun B, such as: (a) her mother in dialogueed with her mother; (b) her own interested with scambling him; and (c) her visit with scambling him; and (d) hered out from C, the circumstances leading up to the Police Station in the Jeonnamnam-do, who was called upon receiving a report while she was going to close with her stones, and (e) her scambling him/her to the said police officer.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on the prevention, suppression, investigation, etc. of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement about D and C;

1. Application of Acts and subordinate statutes to report internal investigation (on-site photographs, etc.) and report internal investigation (on-site visit status of 112 declarations);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The crime of a defendant who has used violence against a police officer who performs legitimate official duties for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act requires strict punishment in that the criminal liability is light of public authority, and thus, it is necessary to inspire awareness of the general public in society instead of being weak. The defendant's mistake is recognized and reflected, the defendant appears to have caused contingent crimes in the state of drinking, and the defendant seems to have caused criminal punishment in a state of drinking, the first offender who has no record of criminal punishment, the defendant's age, character and behavior, environment, health conditions, motive and consequence of the crime, and all of the sentencing factors indicated in the arguments in the instant case, such as the crime.

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