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(영문) 광주지방법원 2018.02.08 2017고단4642
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

except that the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On October 12, 2017, the Defendant: (a) around 17:50, at the front of D, located in Young-gun C, Nam Young-gun, the Defendant reported 112 and asked questions from the Inspector F, who is a public official of the police officer belonging to the Young Police Station, to grasp the circumstances of the instant case, and continued to see the F’s right side by hand, without any justifiable reason, at least once.

As a result, the Defendant interfered with legitimate execution of duties concerning the prevention, suppression, etc. of crimes, such as handling 112 reported affairs by police officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image);

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution - The defendant has no criminal history exceeding the same criminal history or fine - The degree of interference with the performance of official duties or violence is weak - The suffering of mental disorders.

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