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(영문) 광주지방법원 2017.05.19 2016고단5465
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

On October 17, 2016, at around 13:45, the Defendant: (a) went to without permission on the street in front of the front door of the apartment house located in the Jeju-gu, Gwangju-gu, Seogsan-ro 12-ro, and (b) was under patrol, and (c) was subject to a penalty payment notification after being controlled by D with a policeman affiliated with the police station Cdistrict belonging to the police station in the Gwangju-gu, Gwangju-gu, where he was on patrol, the Defendant committed assault by taking the penalty payment notification into his hand by making the penalty payment notification into D in his hand.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on traffic control.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement in the police statement protocol against E;

1. Each description of the F and D;

1. Application of Acts and subordinate statutes written notice of penalty;

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 186(1) of the Criminal Procedure Act for the burden of litigation costs [the scope of recommending punishment] There is no person who has no basic area (from June to January 1) (the special sentencing factor] [the decision of sentencing] [the judgment of sentencing] is very poor in that the defendant sought a notice of penalty payment in the entry of a police officer who controlled the defendant without permission and sought a notice of penalty payment in the manner of smuggling.

Considering the attitude of the defendant in the investigation agency and court, it is judged that the purpose of punishment can not be achieved except imprisonment.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as ordered.

It is so decided as per Disposition for the above reasons.

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