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(영문) 광주지방법원 2015.11.05 2015고단3353
공무집행방해
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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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 12, 2015, at around 23:40, the Defendant: (a) committed assault against D at D’s house located in the Seo-gu Office of Gwangju, Seo-gu, Seo-gu, Gwangju, by receiving a report, and sent out to D; (b) the Defendant expressed that the said F would be removed from F in the circumstances and circumstances leading up to the E zone belonging to the Gwangju Western Police Station E zone; and (c) the Defendant expressed that “I turned out, she would be off, she would be off, she would be off, she would be off, she would not be off, and she would not get off.” In doing so, the Defendant assaulted F’s breast part by hand on three occasions.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, G, and D;

1. Application of Acts and subordinate statutes on scene of crime;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

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) of the obstruction of performance of official duties (decision of sentence] and there is no criminal record of the same kind and suspension of execution (decision of sentence), deposit KRW 1 million for the F of the victimized police officer, and other circumstances constituting the conditions for sentencing as shown in the argument of this case, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined as per the Disposition.

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