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(영문) 광주지방법원 해남지원 2017.03.23 2017고단17
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 25, 2016, the Defendant was asked of questions from the Defendant’s house located in Jindo-gun B, Jindo-gun on December 25, 2016, the police box of Jindo Police Station C, who was dispatched to the site after receiving 112 reports, and from D and patrolmen on the background of the occurrence of the case.

Chewing fixs the sound "......" and the ice D's stroke by hand was stroke.

Therefore, the police officer tried to arrest the defendant as a current criminal interfering with the performance of official duties, and the defendant resisted the arrest of a flagrant offender, and wheeler E's hand as a handsaw.

Accordingly, the defendant interfered with the handling of the 112 reported case by police officers and the lawful execution of duties on the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Place of work;

1. Application of statutes on the photograph of the case

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. In the case of ordinary concurrent crimes with the sentencing criteria, the sentencing criteria shall not apply, but shall be referred to in determining specific sentencing criteria;

[Scope of Recommendation] Class 1 (Obstruction of Performance of Official Duties and Coercive Conduct) area (1 to 8 months) mitigation area (a person with special mitigation) is not subject to punishment

2. Crimes that interfere with the performance of official duties, such as this case, are not good in that they interfere with the desire and pride of victimized police officers and eventually bring damage to the general public.

Considering the above circumstances, even though the defendant should be punished strictly, considering the fact that the defendant reflects the defendant, that the defendant received a letter from the victimized police officers, and that there are several previous offenses, but there are no criminal records of the same kind, the punishment as the order shall be determined.

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