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(영문) 광주지방법원 2016.06.30 2016고단1145

공무집행방해

Text

Defendant shall be sentenced to six months of imprisonment, and the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 25, 2016, around 18:22, the Defendant discovered D's border belonging to the Seoul Southern Police Station C of the Gwangju Southern Military Police Station, which had been working around the bus stops in the 314-99, under the ordinary course of the Gwangju Mine-gu, and prevented the Defendant from working in both hands, before the bus stops in the dispatching Park Station in the 314-99, under the influence of alcohol.

On the other hand, whether the police box belonging to the Gwangju Mine Police Station E box dispatched after receiving a report 112 is the defendant.

“The Defendant spits the face of the above F three times while taking a bath to the above police officer “this sprink.” The Defendant sprinked the Defendant at G’s face on the part of the police box where he continued to refrain from continuing to do so. The Defendant sprinked the Defendant at one time in G’s face. The above act of the Defendant sprinked the Defendant as a current offender who interfered with the performance of official duties, and the police officer, etc. was on board the back of the patrol seat and moved to E box. The Defendant sprinked that “I sprink, sprink, spice ..” on the side of D’s bridge, he sprinked it once, sprinked, sprinked D’s face, and sold it.

Accordingly, the defendant interfered with legitimate execution of duties in mobilization of police officers' reports and suppression of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the police accused;

1. Statement protocol with respect to D or G by the police;

1. G, F, D, and written statements of the accused;

1. Application of Acts and subordinate statutes to a copy of the service log for a police box, and to a department reported 112;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] is the case where the degree of assault, intimidation, and deceptive scheme is minor in the mitigated area (one month to eight months).