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(영문) 광주지방법원 순천지원 2016.04.28 2015고단2599
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 10, 2015, at around 00:15, the Defendant: (a) took a bath for citizens in front of a restaurant in C, which is located in B, and (b) took a time room, and (c) 112, was called up after receiving a report from 112, the Defendant boarded the Defendant on the patrol vehicle to have him returned to the victim E (3) and police officer F (29).

Defendant E arrives at the D's parking lot located in G at the time of getting on and off the said patrol vehicle, and getting off from the patrol vehicle and getting off from the patrol vehicle, so it is possible for the victim E to get off the said patrol vehicle.

In the phrase, the victim E’s face is taken twice in drinking, and the victim F who continues to restrain it is called “this fe should be observed,” and as a result, the victim F was able to walk the left knee part of the F on two occasions, and the victim E was able to walk the face of the victim on three occasions due to drinking, and the victim E was able to suffer injury, such as the impairment of feasal face of the face of the victim who requires approximately one week medical treatment, and the victim F was able to suffer injury, such as the impairment of feasal face of the face of the victim who needs approximately two weeks of medical treatment.

As a result, the defendant interfered with the legitimate execution of duties concerning the dispatch of report 112 by police officers, and at the same time injured the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A H statement;

1. A copy of the photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is against the defendant, the fact that there was only one punishment of a fine in the last ten years, and other factors such as the defendant's environment, criminal record, etc., were considered to determine the sentence as ordered.

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