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(영문) 광주지방법원 순천지원 2016.02.23 2015고단1811
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 August 5, 2015, the Defendant, at around 21:40 on August 5, 2015, brought a dispute with the wife D in front of the “C hotel” in the light of C hotel B.

At this time, F and G, the background leading up to the E District 112 reported, separate the Defendant’s wife D, and the Defendant asked G to ask for the circumstances of the instant case, saying “Iss son, bitch, bitch, bitch, bitch, bitch,” and assaulted G at one time his son’s own son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

Defendant continued to assault F to ask for personal information of wife D, and assaulted F on one occasion his face.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of order of the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G, F, and D;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense (the point of obstructing the performance of official duties) of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. In the case of an ordinary concurrent crime on the grounds of sentencing Article 62-2 of the Social Service Order Criminal Act, the sentencing criteria are not applicable, but refer to the lower limit.

[Determination of the type] Class 1 (Interference with the Execution of Official Duties) [Determination of the Place of Recommendation] Basic Field (Decision from June to January 4] [Decision of the Sentence] Imprisonment with prison labor for 6 months, suspension of execution for 2 years under the influence of alcohol, and the nature of the crime is not good for the defendant to assault police officers who were under the influence of alcohol.

However, the punishment shall be determined in consideration of the circumstances favorable to the defendant, such as the confession of the crime of this case and the fact that there is no record of punishment more than the suspension of execution, and the age, sex, environment, circumstances after the crime, etc. of the defendant.

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