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(영문) 광주지방법원 2019.11.28 2019고단3160

공무집행방해등

Text

A defendant shall be punished by imprisonment for six 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

1. Around June 14, 2019, the Defendant assaulted the victim’s breast part of his/her chest with the defect that the victim was flicked in the vehicle of the victim C in the vicinity of the Gwangju Mine-gu, Gwangju, 2019.

2. The Defendant engaged in obstruction of performance of official duties: (a) witness the instant assault case at the location as stated in Paragraph (1) at the time and place; (b) the security guards, E, etc. belonging to the Gwangju Mine Police Station D police box, who was called out after receiving a report of another case at the time and place as stated in Paragraph (1) and prevented the Defendant; and (c) did an act that seems to have been done in drinking by drinking; (d) interfered with the use of electronic percussion locks at two times by hand; (e) he was instructed by E to use the electronic percussion locks; and (e) the electric percussion locks used by the security guards E, who continued to be sealed by E, demanded identification; and (e) he did assault the left hand hand hand of the E, demanding identification card.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s statement;

1. A report on the use of fingers and electronic percussion locks;

1. Application of CCTV video CDs-related Acts and subordinate statutes;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the scope of adding up the maximum term of punishment as provided for in each of the above crimes);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to seven years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes (Obstruction of Performance of Official Duties) : [Attachment 1] / No person shall be subject to the obstruction of performance of official duties (special person subject to punishment] (the scope of recommendations and recommendations] basic area; six months to one year and six months;

(b) No. 2 crime (Assault) and violent crime; and