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(영문) 광주지방법원 2016.03.08 2015고단4452
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 05, 2015, the Defendant, at around 01:00, obstructed police officers’ legitimate performance of official duties in relation to the handling of 112 reports, i.e., so that they walk to other customers and refuse to pay the drinking value, etc., under the influence of alcohol from Dap in Gwangju North-gu, Gwangju-gu, and called upon 112.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the police accused;

1. Statement protocol with the police officer's F or E;

1. G statements;

1. On-site investigation reports, the 112 Reporting Case List, the application of statutes governing the place of work;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The grounds for sentencing under Article 62(1) of the Criminal Act are the case where the degree of assault, intimidation, and deceptive scheme is minor (one month to eight months) in the mitigated area (i.e., interference with the performance of official duties and coercion of duties).

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