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(영문) 광주지방법원 2018.02.08 2017고단5529
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 20, 2017, at around 20:07, the Defendant: (a) on the road of the trade name “C” located in Gwangju Dong-gu, Gwangju; (b) on the road where the Defendant was reported by 112, that the Defendant was under the influence of alcohol and was not under diving at the above main station; (c) the security guards E and patrolmen belonging to the police station of Gwangju Dong-gu, Gwangju, called the Defendant to return to the Defendant’s house; and (d) on the ground that the Defendant “I would go to the Defendant, I would like to go to go to the Defendant, I would like to go to drink, I would like to go to the Defendant’s face once.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 report handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes of G and F

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] There is no person [the person subject to special sentencing] in the basic area (from June to one year and six months) (the person subject to special sentencing] [the decision of sentencing] as set forth below, taking into account the following circumstances and the defendant's age, sex, conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the conditions of sentencing as set forth in the argument of this case, the sentence shall be set as set forth in the Disposition.

Unfavorable circumstances: The contents of crimes are poor.

There is a record of seven times of fine due to violent crimes.

The favorable circumstances are confessioned and reflectd.

The degree of violence is not serious.

5. 18. Persons of distinguished service to democratization movements.

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