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(영문) 광주지방법원 2017.06.29 2017고단1345
공무집행방해
Text

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

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

Reasons

Criminal facts

On March 31, 2017, at around 20:30, the Defendant interfered with the legitimate execution of duties concerning the prevention and control of traffic accidents on the frontway in Gwangju-dong, Gwangju-gu, the Police Station D Senior Police Station E, who was working for traffic accident prevention and control patrol, on the ground that he controlled the Defendant without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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 - There is no history of criminal punishment heavier than that of the same crime or of the suspension of execution - The result of assault is not significant. - However, the crime committed in the course of a trial for another case is committed in the course of carrying out a duty to properly control the unauthorized crossing of a police officer’s identity, and the police officer who was in the course of carrying out a duty to properly control the unauthorized crossing of a police officer’s identity was committed against the police officer, and the nature of the crime is not easy to use violence following the victimized police officer immediately after receiving the notice of payment of penalties.

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