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(영문) 광주지방법원 해남지원 2016.01.21 2015고단530
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 19:00 on November 29, 2015, the Defendant: (a) at a curbed parking lot located in the Namnam-gun B, Namnam-gun; (b) received 112 report that there was an assault case; and (c) sent to the site, the Defendant, a police officer belonging to the D district unit of the Southern Police Station D police station, was under the influence of the Defendant, who was under the influence of alcohol, sent the Defendant to the curb before the curb in the G market located in the Namnam-gun, and was able to turn the Defendant back to the Defendant and her home to the Defendant at once.

Since then, the Defendant was arrested as a flagrant offender due to the foregoing facts, and was transferred to the office of the strong force team of the Korea Coast Guard in the South-west Navy, South-west, South-west, South-west, the same day, and thereafter, obstructed the police officers’ legitimate performance of official duties in relation to the prevention and investigation of crimes by leaving the shouldered by the police officers belonging to the above D Zone, who were the police officers belonging to the above D Zone, unfolded with the Defendant’s left hand, and releasing the h’s face from the unclaimed hand.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the degree of violence, intimidation, and deceptive scheme is minor in the mitigation area (one month to eight months) of Class 1 (Obstruction of Performance of Official Duties and Forced Performance of Duties) (person with a special mitigation), which is applicable to the sentencing criteria (the scope of a recommended punishment) and interfered with the performance of official duties;

2. The sentence of this case is a crime committed against police officers who perform official duties, and the nature of the crime is not good, but the defendant reflects against the defendant, there is no particular criminal history against the defendant, and all of the sentencing conditions stated in the arguments and records of this case, such as the age, sex, environment, and circumstances after the crime, shall be comprehensively considered, and the sentence shall be determined as ordered.

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