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(영문) 광주지방법원 목포지원 2015.10.01 2015고단780
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 6, 2015, the Defendant: (a) around 01:00, the police officer, who was a police officer belonging to the Bapo Police Station C police box located in B, was the Defendant, and was arrested as a flagrant offender on charges of special assault and injury to the patrol vehicle; (b) the police officer, who was a police officer assigned to the Bapo Police Station C police box, was arrested as a flagrant offender on charges of special assault and injury to the Bapo Police Station; (c) the Defendant took the back of the patrol vehicle with his hand, and prevented the door closed; and (d) the police officer, who prevented the police officer, sent the Ba from opening the door “this Haf...........” The Defendant, at the Bapos of the Bapos, assaulted D’s chest on the floor of the Ba at once.

Accordingly, the defendant interfered with legitimate execution of duties concerning investigation duties by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of CCTV-recording photographs and CCTV-recording CD-related Acts and subordinate statutes to the victim who takes the victim;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

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

1. Determination of types of crimes: Type 1 of obstruction of performance of official duties;

2. Determination of the scope of sentence: Reduction area, range to eight months (in cases of special mitigation, the degree of assault is insignificant);

3. Determination of sentence and suspended execution are recognized and against the defendant's mistake, the degree of obstruction of performance of official duties seems to be minor, contingent crimes, there is no same criminal power for the defendant, there is no record of criminal punishment after 2004, and the defendant has no record of criminal punishment after 2004, and the defendant's age, character and conduct, etc. shall be determined within the scope of the sentencing guidelines and the execution thereof shall be suspended.

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