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(영문) 광주지방법원 2019.10.10 2019고단2115
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 00:10 on May 26, 2019, the Defendant rejected the position from the owner of the business on the ground that he was dangerous to display the camping net at the entrance of the 'C' in Gwangju Northern-gu, Gwangju, on the ground that he was under the influence of alcohol at the entrance of the 'C', and the Defendant, upon receiving a 112 report that "any person who interferes with the operation of the owner of the business," was punished for the crime of interference with business, and recommended him to return home as the circumstances belonging to the D District of the Gwangju Northern Police Station D District called to the site after receiving a 112 report, and so the Defendant could be punished for the crime of interference with business. The Defendant assaulted the above E's her bridge at one time.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of statutes governing on-site CCTV CDs;

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. Reasons for sentencing of Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] The obstruction of Performance of Official Duties shall be considered in consideration of all the circumstances, such as the following: First Sentence 1 [Determination of the recommended area] Basic Field / [Determination of the recommended area / [Scope of the punishment ] June / 1 year and 6 [Determination of the sentence ] Defendant committed assault to auxiliary police officers in 2013 and has been sentenced to a fine; Defendant's mistake is recognized; Defendant's degree of exercise of force against Defendant's police officers;

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