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(영문) 광주지방법원 2016.08.24 2016고단2220
공무집행방해등
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On June 11, 2016, from around 21:25 to 21:50 the same day, the Defendant interfered with the business of the Defendant’s main store operation by force by avoiding disturbance, such as making the customers, who were on the immediately following the table table, by drinking alcohol, and spreading alcohol, with the customers who had been on the immediately following table, in the Dong-gu Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu

2. Around June 11, 2016, the Defendant obstructed the performance of official duties, at the above “D” House, and at around 11:50 on the same background as Paragraph 1, the Defendant committed assault, such as: (a) he was urged to return home on several occasions from G police officers, and (b) he was urged to return home from G police officers belonging to the Edistrict of the police station in Gwangju East-gu Police Station, Gwangju-dong, Gwangju-gu, by saying, “Ig impe, Igs, if you are police officers, Ih hh h sh sh sh sh sh sh h sh sh sh sh sh sh

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 report handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to G and C;

1. A H statement;

1. Application of statutes on site photographs;

1. Relevant Article 314 of the Criminal Act, Articles 314 (1) and 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) No more than 1 crime [the type of a determination] interference with business affairs [decision in the sphere of recommendation] mitigation area (where the degree of the threat of force or the degree of interference with business affairs is minor] [the scope of recommended punishment] 8 months or less;

(b) Type 1 (Interference with and Forced Performance of Official Duties) [Determinations in the sphere of recommendation] mitigated area (where the degree of violence intimidation is minor), the scope of recommendation punishment is less than eight months].

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