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(영문) 광주지방법원 2018.07.17 2018고단2025
공무집행방해
Text

A defendant shall be punished by imprisonment for seven months.

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

Reasons

Punishment of the crime

On April 23, 2018, at around 00:05, the Defendant assaulted the victim, on the ground that the victim E, who belongs to the Seoul Northern Police Station D District, called the victim that he would pay the alcohol value and return home to the Defendant, within a sransing bar of the trade name called "C" of Gwangju Northernbuk-gu B and 2, and was reported by 112, and the victim E, who was called to the victim, called the victim to the effect that he would pay the alcohol value and return home, and tried to remove the victim's name tag by hand, and caused the victim to remove the victim's head and face from the floor at each time, and interfere with the police officer's performance of duties concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to a report on investigation (a photograph of a victim's work clothes);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment.

1. Article 62 (1) of the Criminal Act suspended execution (see, e.g., the fact that the defendant recognized the crime of this case and reflects the mistake thereof, and that there is no record of punishment exceeding the fine due to violent crimes);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection and Observation, etc. of Order to Provide community service, Order to provide community service, Order to attend lecture, and Order to attend lecture / [type of determination] The reason for obstructing the performance of official duties / [decision in the sphere of recommendation] the basic field / [decision in the sphere of recommendation] six months to one year and six months [the scope of recommendation] [whether suspended sentence is suspended] - Reasons for general consideration: There is no effort to recover adverse damage

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