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(영문) 광주지방법원 순천지원 2016.02.11 2015고단2322
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 October 21, 2015, at around 23:55, the Defendant continued to assault D, such as displaying drinking alcohol to the police officer E, etc. of the said police box, in order to report the fact that the Defendant was assaulted by the Defendant, who was a passenger, before the entrance of the Snish Police Station C police box located in B, and in order to report the fact that the Defendant was assaulted by the said police box.

Accordingly, the above E, etc. need to separate the defendant's above D from the defendant's person, thereby attaching the defendant's arms to the above box, and the defendant's person wishing to move the defendant to the above E, etc.

“Absent and brutate, and assaulted the parts of the above E at one time by drinking.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

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 stay of execution (The following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommendation] The reason for sentencing under Article 62-2 of the Social Service Order Act / [the scope of punishment / [the scope of interference with the performance of official duties and the coercion of duties] that there is no basic area (the period from June to April) [the person subject to special sentencing] [the decision of sentence] / The sentence is contrary to the one that is favorable to the two-year period of suspended execution in the period of eight months, and the one that is unfavorable to the other that the degree of assault is not excessive: The one

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