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(영문) 광주지방법원 목포지원 2016.09.02 2016고단657
공무집행방해등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 9, 2015, from around 18:20 to 22:50 on the same day, the Defendant her friend with D, who was a friend and a company partner, and her friend, was on the top of the friter II, which D drive at around 23:00 on the same day, and her friend 2 apartment complex located in the same Dong, was under way to avoid drinking control. D, which discovered that 6 persons, such as G, etc., including the circumstances belonging to F, of the f, of the brith Police Station, escaped by raising the speed to avoid drinking control, and this G was driven by the said frith friter from the Hong High School and the next road of the Hong High School.

Since then, D could no longer proceed with the freezing tower in front of the aftermath of the Red High School, D escaped from the vehicle to the emptyter, and G attempted to arrest a flagrant offender by attaching D's body.

In order to remove D from the said freezing, the Defendant, after getting off the said freezing, laid off G’s hand to remove D, and cut off the crepan of G’s mouth by walking the string of the string, caused Do to escape.

Accordingly, the defendant assaulted G who is a police official, thereby obstructing the legitimate execution of duties concerning arrest of flagrant offenders, and at the same time allowing a person who commits a crime subject to a fine or heavier punishment to escape.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes to the police statement of G;

1. Articles 136 (1) and 151 (1) of the Criminal Act applicable to the crime;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for the sentencing of Article 62-2 of the Criminal Code of Probation and Social Service Order [Determination of Punishment] : Category 1 (Obstruction of Performance of Official Duties/Compulsory Performance of Duties) - Reduction element: Aggravation of Punishment - Aggravation element: In a case where the degree of obstruction of official duties is serious (decision of the recommended sphere].

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