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(영문) 광주지방법원 2016.08.11 2016고단1718
공무집행방해
Text

Defendant shall be punished by imprisonment for three months, and the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 05:05 on May 14, 2016, the Defendant: (a) asked the Defendant’s personal information under the circumstances belonging to the D District Unit of the Seo-gu Police Station of Gwangju, Seo-gu, Seo-gu, Seo-gu, Seoul, upon receiving a report of 112; but (b) asked the Defendant of the defect of inquiry about the vehicle in order to identify his/her personal information due to the Defendant’s failure to cause any error; and (c) whether the Defendant asked him/her of the defect of the inquiry about the vehicle.

"........ with a bad hand, an assaulted by E at one time, thereby obstructing police officers from performing their legitimate duties concerning the handling of reported cases, etc.

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 with respect to E and F;

1. Application of Acts and subordinate statutes to arrest and report interference with the performance of official duties, to photographs of damage, and to work in the D District (Evidence List Nos. 2, 4, 5);

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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