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(영문) 광주지방법원 2015.10.02 2015고단1740

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

except that 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

around 23:15 on April 13, 2015, the Defendant: (a) at the Gwangju Northern Police Station D District District of Gwangju Northern Police Station located in Gwangju Northern-gu, Gwangju, the Defendant: (b) was urged to pay a taxi fee and return home from E in the circumstances surrounding the said District while he was punished for the problem of taxi engineer and charge; (c) “I see that she has a knife in knife as to whether she is a democratic police”; and (d) the Defendant was compelled to have a knife of E’s face as his head to confirm whether she carries a deadly weapon of the Defendant.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties on the prevention of crimes.

[In full view of the Defendant’s speech at the time of committing the instant crime, the specific contents of the crime, and the circumstances before and after the commission of the crime, it is reasonable to deem that the Defendant does not have the ability to discern things or make decisions at the time of committing the instant crime, and therefore, the Defendant’s assertion of mental or physical disability cannot

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A written statement;

1. Application of receipts, and Acts and subordinate statutes on the job log in the D District;

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

1. It is so decided as per Disposition within the scope of one month or eight months (the area of reduction of one kind of obstruction of performance of official duties among the crimes committed by obstruction of performance of official duties) under the sentencing guidelines for the reason that the suspended sentence is more than Article 62(1) of the Criminal Act (i.e., the confession of all crimes, the mistake, the minor degree of assault, and the defendant has no previous conviction except for the previous conviction of a fine of KRW 700,000 due to damage to public goods).