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(영문) 광주지방법원 2016.03.08 2015고단5054
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 December 17, 2015, at around 03:40, the Defendant committed assault to the “C” convenience stores located in Seo-gu, Seo-gu, Gwangju, and obstructed the Defendant’s legitimate performance of duties concerning the prevention of and maintenance of order in the above F, by assaulting the F, who was urged to return home from the slope E belonging to the D District Unit of the Seoul Western Police Station D, which was called by the Defendant upon receiving a report that he was under the influence of alcohol, and by inducing him to return home from the f.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each statement made to the police officer with respect to F and E;

1. Application of Acts and subordinate statutes of a report on investigation, such as site conditions, copy of the work site, and 112 report;

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

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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