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(영문) 광주지방법원 2016.11.24 2016고단4328

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On August 27, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Gwangju District Court on one year and six months and two years of suspension of execution, and the judgment becomes final and conclusive on September 4, 2015, and is currently under suspension of execution.

On October 5, 2016, at around 21:45, at the entrance of the D cafeteria located in Seo-gu, Seo-gu, Gwangju, and the first floor, the Defendant was forced to return home from F of the police box affiliated with the police box belonging to the Gwangju Western Police Station Emba, which called “I implee flaps, flaps, flag, flag, flag, flag, flag, flag, flag, flag, flag, flag, flag,” and flabed the chest part of the above F by hand on his left hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the prosecutor and the police accused;

1. Each statement of the police officer with respect to F and G;

1. Related photographs, CCTV images, and CDs;

1. The application of Acts and subordinate statutes to criminal records, inquiry reports, and criminal records during the period of suspension of execution;

1. The reason for sentencing of Article 136(1) of the Criminal Code of the pertinent statutory provision on criminal facts [the scope of recommending punishment] The sentence of Article 136(1) of the Criminal Code of the same Act shall be decided as per the disposition where the mitigation area (one to eight months), mitigation area (special mitigation person] (one to one month), assault, intimidation, and deceptive scheme is minor.