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(영문) 광주지방법원 2015.04.02 2015고단458

공무집행방해등

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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 of the final judgment.

Reasons

Punishment of the crime

1. Around 20:00 on February 8, 2015, the Defendant did not calculate the drinking value at the entrance of the D Garan bar located in Gwangju-gu, Gwangju-gu, and did not comply with the demand of the victim E (n's female, 48 years old) who is the business owner of the said main shop to refrain from calculating the drinking value. On the other hand, the Defendant assaulted the victim by assaulting the police officer F, who was dispatched by the 112 reported phone, to explain the details of the victim's report on damage, one time at the floor of the victim's left son, explaining the victim's chest part of the victim's chest by hand.

2. On the date and time set forth in paragraph (1) of the obstruction of performance of official duties, at the place as above, the Defendant took a 112 police box sent out by the Defendant after receiving a 112 report, and told the said F F that “I will take a bath to see who is she,” and continued to f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’, and f’s f’s f’.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the crime prevention and investigation of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to I, F, and E;

1. Article 136 (1) of the Criminal Act and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Article 37 of the Criminal Code among concurrent crimes.