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(영문) 전주지방법원 정읍지원 2013.09.17 2013고단464
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On November 24, 201, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.) in the Jeonju District Court’s Support on November 24, 201, and the judgment became final and conclusive on December 2 of the same year, and is currently in the grace period.

On October 8, 2009, the Defendant had criminal records, etc. who were sentenced to imprisonment with prison labor for not less than two years for obstruction of performance of official duties by the same court.

【Criminal Facts】

On April 19, 2013, the Defendant reported to the police that D, who was drinking together on the street of 101, the apartment house 101, Dong-Eup, Jung-gu, Jung-do, had reported to the police that D, who was drinking together on the street of 13:57.

The defendant was taken from drinking D's face, etc.

The defendant, a police officer of the Jung-Eup Police Station E Zone E District of the Jung-Eup Police Station, in receipt of D's report, tried to restrain the above assault of the defendant and move into E area.

The Defendant said F, “Apulse debris debris debris debris debris debris,” and boomed the febage of the said F by hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of order of F.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A statement prepared by the F;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. In light of the fact that the criminal defendant committed the instant crime during the period of probation, even though he/she was sentenced to the sentence of imprisonment for the same kind of crime under Article 136 (1) of the Criminal Act for the corresponding criminal facts, it is inevitable to render a sentence of imprisonment.

The sentence shall be determined as ordered by taking into account all the sentencing conditions shown in the records and arguments.

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