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(영문) 광주지방법원 2016.10.13 2016고단3205
공무집행방해
Text

Defendant shall be punished by imprisonment with prison labor for four months, and 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 July 22, 2016, at around 22:50, the Defendant: (a) reported on July 22, 2016 that a drunk person was running on the street in front of the main place of “C” located in Gwangju Northern-gu, Gwangju Northern Police Station D District Unit of the Gwangju Northern Police Station, which called “C” and called “Iskb kb skb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb

While the Defendant refused to comply with the horses of the above E, the Defendant displayed the floor of his own hand with the cell phone line, and asked the Defendant’s personal information, thereby obstructing the police officer’s legitimate performance of duties regarding the handling of 112 reports, etc., by assaulting the above E’s bridge, such as cutting off the bridge.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect of the police accused;

1. Statement of E by the police;

1. The application of Acts and subordinate statutes on the place of work in the D District, such as records of 112 case reports, damage photographs, etc.;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] where the degree of violence, intimidation, and deceptive scheme is insignificant in the area of mitigation (one month to eight months), the area of mitigation (special mitigation) (one month to one month), [decision of sentence] of the suspended sentence (decision of sentence] of the Criminal Act on the grounds that the defendant recognized the crime of this case, and is divided in depth.

The defendant was punished four times in relation to violence in the past, and was punished by a fine for interference with business in the last 2013.

In addition, the previous records of the drinking driving or the road traffic fine are five times.

It is so decided as per Disposition by comprehensively taking into account the circumstances leading to the instant case and all other circumstances regarding sentencing.

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