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(영문) 광주지방법원 2013.12.12 2013고단4559

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 3, 2013, at around 00:40 on September 3, 2013, the Defendant, at the main point of “C” located in Gwangju Mine-gu, 112, sent the disturbance of alcohol after being reported to 112, was to be used for returning home from a slope E, a police officer belonging to the Gwangju Mine Police Station D police box, which was a police officer of the Gwangju Mine Police Station, and called to the said slope E, whether or not the said slope E considers it to be a monthly level as to whether he is friened or drinking gue upon receiving the monthly class for which he was called, and then the Defendant took a heavy bath with the large sound of friened gue who is not qualified as a police officer, and took one time at the right side of the said slope E as a drinking.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation, community service order, and order to attend a lecture is that the defendant was sentenced to a suspended sentence of six months in 2001, a fine of five million won in 201, and a fine of five million won in 2012, and the defendant committed the crime of this case even though he had been sentenced several times due to the obstruction of business, etc., and the crime of this case was committed, and the crime of this case was committed under the crime of obstruction of business, and the act of indecently disturbing under the influence of alcohol, it is necessary to strictly punish the defendant. However, the defendant has agreed with the damaged police officer, it is against the defendant's agreement, the scope of recommended sentencing guidelines (basic sentencing scope) shall be