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(영문) 광주지방법원 2016.09.30 2016고단2855
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On June 25, 2016, at around 02:20, the Defendant, on the street in front of 285 (the mine in the U.S., U.S., the new bank) and tried to stop the Defendant and take measures for returning home to the police station B of the Gwangju Mine Police Station, who was called out after receiving a report from 112, on the street in front of the 285 (the mine in the U.S., U.S.). However, the Defendant, without disclosing his/her residence, tried to drive from drinking or try to set up his/her car on the road, was protected within B district by the act, such as displaying his/her hand to the police officer who tried to restrain him/her.

Since then, the Defendant, at around 03:37 on the same day, assaulted the Defendant’s workplace club located in Gwangju Mine Police Station B, who visited the Defendant as a guardian during the protective measure as above, to transfer his or her personal information, etc. to the Defendant’s workplace club located in Gwangju Mine Police Station B, stating his or her personal information, etc. under the influence of alcohol, by driving away his or her left hand.

As a result, the defendant interfered with the legitimate execution of duties concerning reporting and handling duties by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each report on investigation (in relation to the mobilization of a report and on-site conditions, and the movement after the arrival of a district unit);

1. Application of each statute on photographs;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions indicated in the instant records, such as the following circumstances and Defendant’s age, sexual behavior, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.

Unfavorable circumstances: the Defendant neglected the legal order of the State and the legitimate exercise of public authority.

Defendant has been punished for a fine for the same kind of crime.

A favorable circumstance: The defendant.

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