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(영문) 광주지방법원 2014.08.28 2014고단2594

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant did not pay the money after using a taxi that D drive, and thereby caused D to go to the F District located in Gwangju Mine-gu E by burning the Defendant.

On July 19, 2014, at around 20:18, the Defendant: (a) considered that the said G unilaterally accepted only the allegation of taxi engineer; and (b) assaulted the part concerning entry into the said G one time on the right hand.

Therefore, while the Defendant was arrested as a suspect of obstruction of the performance of official duties against the above G, the Defendant threatened the victim by stating that “I, from around that time to around 22:0, the Defendant’s arrest of the Defendant at the above F F F F F F F F F F F F F FF office,” etc., “I see how I die and die. I am dead. I am dead of the width. I am dead of the width. There is an extension of the width, and the total amount of death. I die with the firearms. I am dead. I am dead of the gun. I am dead of the hh son’s father. I am his spher spheropical sphere. I am dead.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning civil petitions by police officers and on earth's service.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to G and H

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation]: The scope of the final sentence according to the aggravation of multiple offenses shall be the defendant's imprisonment with prison labor in consideration of the records of being sentenced to the suspended sentence due to the same offense, the contents of the instant offense, etc., and the defendant's damage.