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(영문) 광주지방법원 2019.01.24 2018고단4868
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 8, 2018, at around 21:06, the Defendant: (a) was in front of Gwangju Mine-gu C; (b) was in front of the 112-reported and dispatched, and the security guards of the Gwangju Mine Police Station D Boxes refer to “whether or not the location of the Defendant would have been informed of the reason why he would not drive a motor vehicle while driving the motor vehicle,” and (c) took the location of the motor vehicle driven by the Defendant, the Defendant interfered with the police officer’s legitimate performance of duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of F’s written Acts and subordinate statutes;

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Determination of Punishment] : Category 1 (Obstruction of Performance of Official Duties/Performance of Duties) - Where the degree of obstruction of performance of official duties is insignificant, [Determination of the area of recommendation] mitigated area / [Determination of the area of recommendation] one month to eight months / [Determination of the sentence] above sentencing factors and the defendant's mistake is recognized, and all circumstances such as the defendant's criminal records are considered.

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