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Reasons
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(영문) 광주지방법원 2019.03.28 2018고단4607
공무집행방해
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A defendant shall be punished by imprisonment for not more than ten 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 21, 2018, the Defendant: (a) at C restaurant located on the 2nd floor of Gwangjubuk-gu, Gwangju, on September 21, 2018, after receiving a report from 112 to the effect that the business hours have been completed without any customer, the Defendant arrived at the site and demanded the Defendant to return home at the site, thereby demanding the Defendant to go home from the site; (b) the Defendant “I have to go home out of the site, me have taken a sound that “I have to go home, you have to go home out of the house,” and carried the shoulder of the above E one time for drinking, with the hand-on hand, once he has macked the son of the above E, and was pushed the chest part of the above E with both hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. 112. List of reported cases;

1. Application of statutes on photographs of damage;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

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

1. The Supreme Court’s sentencing reasons under Article 62-2 of the Criminal Act for probation and community service order shall be sentenced to imprisonment within the scope of sentencing guidelines recommended by the Sentencing Commission of the Supreme Court in consideration of the circumstances unfavorable to the defendant, the degree of tangible power the defendant exercised, etc.; however, the execution of the sentence shall be suspended on the condition of probation and community service order, taking into account all the circumstances revealed during the argument of the case in this case.

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