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(영문) 광주지방법원 순천지원 2017.06.02 2017고단301
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 7, 2017, the Defendant, at the C cafeteria located at Macheon-si B around 16:38, 2017, sent to the Defendant after receiving 112 a report to avoid the disturbance of alcohol, and then requested a slope E belonging to the net Police Station D police box that gets home to take a patrol and down the patrol vehicle for a long time.

피고인은 같은 날 16:50 경 순천시 장 평 13길 56-3 순천 장애인협회 앞 노상에서, 위 경찰관이 순찰차 문을 열고 내리라고 하자, “ 야 좆같은 새끼야, 너 죽여 버린다 ”며 손으로 위 경찰관의 왼쪽 어깨의 계급장을 잡아 당기고, 발로 낭 심 부위와 정강이를 걷어찼다.

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

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 photographs of victims;

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

1. Although it is not good for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, there is no other criminal record except for the defendant who was sentenced to a fine by violence in 1983, contingent crimes and reflects the fact that the defendant's health is not good, and other circumstances shown in the arguments of this case, including the defendant's age, sex, sex, family relationship, environment, circumstances and result of the crime, etc., shall be comprehensively considered to determine the sentence as ordered.

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