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(영문) 광주지방법원 2015.12.09 2015고단3925

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for four 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 August 2, 2015, at D main points located on the first floor of the Seo-gu, Seo-gu, Seo-gu, Gwangju, such as 02:20: (a) the Defendant: (b) obstructed the Defendant’s lawful performance of duties by assaulting the said employees, such as assaulting the 112-related vehicle report and maintenance of public order and slope; and (c) exposing the said employees upon receiving 112 report to stop the Defendant; and (d) informed the police officers, such as the police officers belonging to the Seo-gu, Seo-gu, Seo-gu, Police Station E District, Gwangju, where the said employees were asked for damage; (b) obstructed the Defendant’s right to arrest and arrest the said employees as the police officers, such as the police officer at the scene of the crime and slope G; and (c) interfere with the police officer’s lawful execution of duties, including the police officer’s right to arrest and arrest the said employees.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning G police statements;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] In the case of minor degree of assault, intimidation, and deception (special mitigation) in the mitigation area (one to eight months) of the obstruction of performance of official duties (special mitigation), the degree of assault, intimidation, and deception (decision of sentence] of the crime of this case against the police officer dispatched after receiving 112 report, but the crime of this case is poor, but the defendant committed under the influence of alcohol.