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(영문) 광주지방법원 2015.12.29 2015고단3912
공무집행방해
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 25, 2015, at around 17:25, the Defendant: (a) while drunked a fright while drunk in front of the C Manionion in Gwangjudong-gu, Gwangju; (b) was urged by E and slope F to stop the Defendant and return to the Defendant; (c) the Defendant expressed that “I am bit of bitch bitch bitch bitch bitp bitp bitp bitp bitp bitp bitp, hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhnnnnnnn

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the prosecutor and the police accused;

1. Each statement made by the police with respect to F, E, and G;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] There is no basic area (6-1-1-4 months) of the obstruction of performance of official duties (6-6 months to 1-4 months), and there is no person who is a special person [decision of sentence] [decision of sentence] Defendant’s deep reflects the criminal act of this case, but Defendant has many criminal records related to past violence.

In addition, it is decided as per Disposition by comprehensively taking into account the circumstances leading to the instant case, the age of the defendant, circumstances after the crime, and all other circumstances.

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