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(영문) 광주지방법원 2015.12.09 2015고단3663
공무집행방해
Text

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

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On August 15, 2015, around 23:30 on August 23:30, 2015, the Defendant engaged in a dispute with another customer prior to the main point of the trade name “C” located in Gwangju Northern-gu, Gwangju-gu, and subsequently, the Defendant, upon receiving 112 reports as above, expressed that the circumstances belonging to the Gwangju Northern Police Station D District Unit, which prevented the Defendant, “this son” was shicked, and the Defendant, so far as tightly pushed the chest of the above E, and interfered with the police officer’s legitimate performance of duties concerning the handling of 112 reports.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes to the statement statement made by the police in relation to E and F;

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 Criminal Act, Article 59 (1) of the Act on Probation, etc.;

1. The scope of recommendations on the sentencing criteria [the range of recommendations] shall be the basic area [the scope of recommendations] 6 months to 1 year and 4 months; the first category of the obstruction of performance of official duties (the obstruction of performance of official duties/the coercion of official duties]; and

2. Whether or not to add the suspension of execution - Reasons for general reference: Not less than two times adversely and seriously reflectd;

3. Eight months (two years of suspended sentence) of imprisonment with prison labor for a sentence;

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