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(영문) 광주지방법원 해남지원 2018.11.08 2018고단264
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 14, 2018, the Defendant: (a) at C main points located in Sinpo-si B, Nampo-si on May 14, 2018; and (b) at C main points located in Sinpo-si B, the Defendant received a 112 report that the Defendant assaulted his employee; and (c) on E’s slope belonging to Sinpo-si Police Station D branch,

Before doing so, the police officer saw that he was able to do so, and assaulted the F’s back-to-face of the back-to-face of the F.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A photograph of the scene of interference with the performance of official duties and the part of damage caused thereby;

1. A report on occurrence of violence;

1. Notification to the department related to the report of 112 case;

1. An investigation report (a CCTV image confirmation and attachment inside the C main office);

1. Video CDs;

1. Each photograph [the defendant did not walk the F by a police officer while walking the F with him or her at the center. The evidence duly adopted and examined by the court. In particular, in light of the CCTV images of which the face of the assault is clearly recorded (the defendant's attitude, the defendant's bridge is moving on the image, the degree of height of the defendant's bridge, the speed of move, etc., it cannot be seen as an act of intentionally walking the F by intentionally walking the police officer's walk, and it cannot be seen as an act of leaving the center) and F's legal statement, etc., according to the defendant's criminal facts, it can be sufficiently recognized that the defendant interfered with the legitimate performance of his or her duties by walking the back of the back of the police officer's back, such as the defendant's criminal facts, etc.]

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, the reasons for sentencing of sentence of imprisonment with prison labor, and the reasons therefor;

1. The basic area of the sentencing criteria [the scope of the recommended punishment] and the basic area of the Class 1 (Interference with the performance of public duties and coercion of duties): Imprisonment with prison labor for up to six months from one year and six months (no person subject to special sentencing);

2. The accused who has rendered a ruling of sentence shall lay down the surroundings around the body part of a police officer who is performing legitimate duties;

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