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(영문) 광주지방법원 2019.08.22 2019고단329
공무집행방해
Text

A defendant shall be punished by imprisonment for 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 December 20, 2018, at the front of the C community welfare center located in Gwangju Northern-gu, Gwangju, the Defendant considered the horn to be a driver with the horn, and assaulted the Defendant, “I am home from the border of the D District of the Gwangju Northern Police Station D District called "I am to go back, I am to go back, I am to go back, I am to go back, I am on the front of the patrol that I want to move after receiving another report, and the police officer called “I am to go back, I am to be killed, I am to go back, I am to go back, I am to the face.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol of partial police interrogation of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (at the time of site entry), investigation reports (at the time of site entry);

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

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

1. In full view of the criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of damage to the victim and its recovery, the family relationship, health condition of the defendant, and the possibility of recidivism, the punishment as set forth in the text shall be determined.

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