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(영문) 광주지방법원 2018.09.13 2018고단1354
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

around 02:50 on March 9, 2018, the Defendant: (a) received a demand to return home from the head of the Dong-gu Police Station D District Party E affiliated with the Gwangju Seo-gu Police Station, called “I was sent to the business establishment by money,” and “I was dispatched to the business establishment,” and “I was sent to the business establishment,”

Dok Dokx

“Along with the high noise, assaulted the E’s platform three times to walk.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police for E;

1. The F’s statement (the Defendant asserts that, although he/she is a citizen of the Republic of Korea, he/she does not have the right to walk three times the lecture of E.

However, according to the police statement and F's statement about E, the defendant's consent to walk the E's platform is recognized.

Therefore, the defendant's assertion is not accepted.

1. Article 136 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant has no record of crime obstructing the performance of official duties, and the defendant has been sentenced several times of fines due to interference with duties due to the main disturbance, etc., and the case also occurs in the course of avoiding disturbance by taking advantage of the fact that the defendant was committed in the course of avoiding disturbance, the defendant shall be sentenced to imprisonment within the scope of sentencing guidelines (one month and eight months of imprisonment) set by the Supreme Court sentencing committee, and the execution of imprisonment shall be suspended only once in consideration of all the circumstances revealed during the argument of this case.

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