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(영문) 광주지방법원 목포지원 2017.06.27 2017고단472
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

1. On January 15, 2017, the Defendant: (a) 01:45, while drunkly under the influence of alcohol on the “C cafeteria” front of the “C cafeteria”; (b) spiting the spit of the spit, etc., the Defendant, upon receiving a report from the police officers, such as the Police Officers E, etc., dispatched to the said place after receiving 112 report; and (c) spiting the spit of the spit, etc.; and (d) the said police officers: (a) flading the flab of the E Me Police Station D Ha, etc., sent to the said place; and (b) flading the flab of the E Meb by carrying the flab’s flab and flading the flab on three occasions by hand.

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

2. The Defendant committed a crime following the arrest of a flagrant offender, on the same day as the statement in paragraph 1, and around 02:05 on the D DistrictF, who was arrested as a current offender due to the above act, and committed assaulting the D District Court’s seat on two occasions by walking the Bridge belonging to the said District, walkinging the Bridge, walkinging the back of the backhead, walking the back at one time, and walking the Bridge on five occasions.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (as to the situation at the time of dispatch);

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (Joint Crimes of No. 2 of the Decision);

1. Selection of each sentence 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. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act committed not only assaulting a police officer who wears a uniform in the course of arresting a flagrant offender, but also assaulting a police officer who was arrested as a flagrant offender due to a crime obstructing the performance of official duties, while waiting in the zone.

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