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(영문) 광주지방법원 순천지원 2018.11.09 2018고단1927
공무집행방해등
Text

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

Reasons

Punishment of the crime

1. On September 11, 2018, the Defendant interfering with his/her duties: (a) around 01:50 on September 11, 2018, at the victim C’s scam of the operation of the victim C, which had been located in Gosong-gun B, the Defendant would drink other customers with alcohol to the victim.

The defect is dypeded to us in the Hanna test.

These things must be left down.

“Along with the 20-minute of pulse, the customer was able to get the customer out of the damaged main points by putting about 20 minutes of pulse and decing the beer’s disease.

Accordingly, the Defendant interfered with the victim's singing-making business by force.

2. The Defendant interfered with the performance of official duties, as seen above, became knife from the knife knife to the knife knife while avoiding the disturbance.

At around 02:10 on September 11, 2018, the Defendant: (a) received a report on the cancellation column 112, and received a notification from the police officer E affiliated with the Goung-gu Police Station D police station, who called out to the said place, received a recommendation from the police officer E to undergo medical treatment; and (b) received a recommendation from the police officer E who called out to the said place, and (c) received a 119 emergency police officer’s recommendation to undergo medical treatment, and (d) received the E’

As a result, the Defendant interfered with the legitimate execution of duties of police officials concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A report on dispatch to the scene of a crime that interferes with official duties;

1. Application of statutes on site photographs;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

1. The sentencing conditions under the former part of Article 37 of the Criminal Act, the main sentence of Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: The defendant’s age, family environment, motive and circumstance of the crime, degree of damage, degree of interference with official duties performed by police officers during the crime, and circumstances after the crime, etc. shall be determined as ordered by the sentence in consideration of the following circumstances:

The favorable circumstances: The defendant agrees with the victim of the crime of interference with business, and the defendant reflects his fault, and the defendant is identical to the defendant.

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