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(영문) 광주지방법원 해남지원 2018.04.19 2017고단428
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 13, 2017, the Defendant: at the entrance of the Matodo Matodo Matodo Matodo 23:12 on November 13, 2017, at the entrance of the Matodo Matodo Do, “A person is coming on the road”; “A police official belonging to the Dondo Do Police Station Dr Dondo Ma to Ma to Ma to Maton on the house because the Matodo Maton Ma to Maton Ma to Ma to Maton

“,” and “(b) Doz.”

Doz. Doz.

This franch farch farch farb. and assaulted the entry part of the above E on the part of this farb by taking one time.

As a result, the Defendant interfered with the legitimate execution of duties of police officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

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

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The area subject to reduction of the sentencing criteria [the scope of the recommended punishment] and the area subject to reduction of the punishment standards: Imprisonment for one month to eight months (the person subject to special mitigation];

2. The degree of assault inflicted by the defendant on a police officer in the process of carrying out his/her legitimate duties seems not to be minor, and thus physical and mental impulses that the police officer received.

On the other hand, however, the defendant recognizes all of his mistake and reflects it, and the damaged police officer does not want to punish the defendant.

No record that a defendant was punished for interfering with the performance of official duties shall be used.

The punishment shall be determined as ordered in consideration of all the circumstances shown in the trial process of this case, such as the age of the defendant, circumstances leading to the crime, and circumstances after the crime.

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