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(영문) 광주지방법원 2016.05.19 2016고단417
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 February 2, 2016, the Defendant was in front of the D in Gwangju Northern-gu C, and the Defendant was in front of the D on February 2, 2016.

“In the course of discovering the Defendant, two police officers, such as the police officer F, etc., who was dispatched to the scene upon receiving the report of 112, called “F,” and discovered the Defendant’s residence on the front seat of the patrol vehicle and confirmed the Defendant’s residence, the F’s face was seated one time with a hand-to-kick saw that he spits the Defendant’s invasion, and that the partitions installed between the front seat of the patrol vehicle and the rear seat were taken on the back seat of the patrol vehicle.

Accordingly, the defendant interfered with the legitimate execution of public duties concerning the protection of the lives, bodies, and property of the police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] There is no basic area (six months to one year and four months) (the person who has been subject to special sentencing] [decision of sentence] The defendant has no criminal records of the same kind and suspension of execution, his/her mistake is against himself/herself, the damaged police officer deposited KRW 50,00 for the defendant's age, sexual behavior, environment, motive and background of the crime, circumstances after the crime, etc., and all other circumstances constituting the conditions for sentencing as shown in the argument of this case, including the defendant's age, sexual behavior, environment, motive and circumstance of the crime, etc., shall be determined as shown in the Disposition above.

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