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(영문) 광주지방법원 목포지원 2014.08.19 2014고단1080
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. At around 22:00 on July 6, 2014, the Defendant committed the crime at the Nowan Hospital Hospital located in the Sungdong-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do. At the emergency department of the Nowan Hospital, the Defendant, upon receiving a report from 112 that the Defendant fighting at the head of the Hoan Police Station located in the Jeonnam-gun, would have been under the influence of the police station, sent the Defendant to the above hospital, and attempted to confirm the Defendant’s personal information, and “Isson’s name should be called for the handling of the case,” and assaulted the Defendant, such as having sealed the parts of the Hanan E’s blue E in the blue of the slope E with his arms.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

2. On July 6, 2014, the Defendant arrested a flagrant offender by the act as described in paragraph (1) as a flagrant offender, and was carried out to a police box within the Haan Military Police Station located in the Haan Military F in the Jeonnam-gun, the Defendant committed an assault, such as: (a) when he took a bath that the circumstances in which the police box was affiliated with the Dab police box would bring the Defendant into her will, “Choe, Mawk”, he saw the chest of G (53 years old); (b) when she took a bath that she would come into seat of the Defendant, he she sawed the chest of G (51 years old); and (c) when she was next to the police box

As a result, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E, G and H;

1. - On-site photographs, - the application of the Acts and subordinate statutes attachingCCTV video files.

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Selection of each sentence of imprisonment with prison labor for the choice of the sentence (to be taken into account that there has been two times each suspended sentence and six times each fine for violent-related crime from 1989 to 2010);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The scope of sentence recommended in the sentencing guidelines under Article 62(1) of the Criminal Act [the scope of sentence that is recommended by the sentencing guidelines in consideration of the fact that the crimes are recognized and against the crimes are committed, and that all the injured police officers have agreed to do so.]

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