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(영문) 전주지방법원 정읍지원 2019.10.31 2019고단403
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On July 7, 2019, at around 00:35, the Defendant: (a) was under the influence of alcohol in the Defendant’s dwelling area located in the Defendant’s dwelling area located in Chungcheongnam-do-Eup, Jeollabuk-do; and (b) the victim E, etc., who was called out after receiving 112 reports from the Defendant, was asked the Defendant by asking the Defendant for personal information, case opening, etc.; and (c) the Defendant was resisted with the Defendant that the said police official “a family death. B.”

The Defendant continued to arrest the said victim as a flagrant offender of the crime of assault and interfered with the legitimate execution of duties regarding the control of the crime, such as the handling of a police officer's 112 report cases, etc., on one-time side of the said victim, due to the defect that the said victim tried to arrest the Defendant as a flagrant offender, and at the same time, the victim committed approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement and a written statement;

1. On-site image and the shape and image of the upper part of the damaged police officer;

1. Investigation report (Attachment of diagnosis report submitted by police officers suffering from damage to E);

1. Application of the Acts and subordinate statutes of one video CD;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on which the punishment is heavier than that of an injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Although the issue of sentencing under Article 62-2 of the Criminal Act is the issue between the family members with reason for sentencing, in the situation where there was a disturbance by the police officer to the extent that the police officer would be called out, the defendant's assault and inflict an injury on the police officer so that the crime is not good.

In addition to imprisonment with prison labor for six months on January 17, 2013 and imprisonment for six months on September 16, 2014, the Defendant has been punished several times.

However, the defendant's statement that he/she has a chance to take traffic accidents and that he/she has a depression on his/her own shall be subject to taking a therapy course in consideration of health conditions.

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