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(영문) 광주지방법원 목포지원 2016.08.18 2016고단513
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On April 9, 2016, the Defendant, at the Minecheon Security Center located in 118 as of the Seo-gu, Seo-gu, Gwangju on April 9, 2016, expressed that he was asked to return home after calculating the fare from the slope D belonging to the police box of the Seo-gu, Gwangju, who was called upon upon receipt of the report, and expressed to the above D, that he was “Ig, Ig,” and expressed to the above D, that he was “Ig, Igh,” and that the breast part of D with the hand floor was 1 time and assaulted once, thereby hindering the police official’s legitimate performance of duties concerning the handling of the reported case.

2. The Defendant arrested a flagrant offender on the ground that he interfered with the performance of official duties by assaulting D as above, and, around 00:17 on the same day, took and moved the patrol car to the CP in Seo-gu, Gwangju.

At this place, the Defendant 1: (a) f of the police box to the police officer F of the above C police box, such as taking a bath, such as “ging, ginging,” etc., and used the lock to restrain the Defendant; and (b) f of the above F, used the lock to control the Defendant; (c) f of the above F on one occasion by using the left hand to commit assault; and (d) obstructed the police officer’s legitimate performance of duties concerning the management of the body spaws.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. B written statements;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

1. Where the degree of violence, intimidation, and deceptive scheme is minor in the mitigation area (one month to eight months) (special mitigation person), the mitigation area of which is limited, the scope of punishment for the public service is limited;

2. The execution of a sentence shall be suspended by taking into consideration favorable circumstances shown in pleadings, such as the initial crime in which a sentence is to be imposed and a mistake reflects in depth, the crime committed by contingency under the influence of alcohol, and the extent of violence is relatively minor;

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