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(영문) 광주지방법원 2018.07.05 2018고단1721
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On April 22, 2018, at around 03:30, the Defendant committed assault, such as: (a) thrown away a son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention of crimes by police officers and the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The application of Acts and subordinate statutes to the mother and child photograph of the police who was opened by a patrolman;

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

1. Even in consideration of the accused’s vindication that the police officer’s act of assaulting a police officer who duly executes his/her duties was committed in the course of responding to D having met the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution, even if considering the accused’s vindication that the act of assaulting a police officer who duly executes his/her duties was committed, it is necessary to punish him/her strictly in that it is necessary to raise awareness of the general public, not to be less strict liability for the crime, but to take place in society.

Provided, That the term of punishment shall be determined by taking into account the fact that the person commits a mistake in depth, the circumstances leading to the crime as seen above, and the fact that the person was the first offender, and the execution thereof shall be suspended.

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