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(영문) 광주지방법원 2014.07.16 2014고단1777

공무집행방해등

Text

The punishment of the accused shall be set forth in 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

피고인은 2014. 4. 15. 04:17경 전남 B 앞길에서 술에 취한 상태로 택시기사 C에게 요금을 지불하지 않으며 그를 폭행하던 중, 신고를 받고 출동한 장성경찰서 D파출소 소속 경찰관 E을 보자 ‘야 너 뭐야, 이 어린 놈의 새끼야, 씹할놈아, 내가 뭘 잘못했냐’라는 등의 욕설을 하며 머리를 들이밀고, 손으로 경찰관 E의 왼쪽 팔을 잡아당기면서 힘껏 비틀었다.

The Defendant continued to interfere with police officers E and police officers’ legitimate performance of their duties relating to police officers’ security and criminal investigation, and at the same time, the Defendant’s blue base and tensions on the part of the blue blue part where the number of medical treatment cannot be known to the victims E (the age of 46).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police officer's statement regarding E and C;

1. Application of Acts and subordinate statutes to the statement of medical opinion;

1. Article applicable to criminal facts;

A. Each point of obstruction of the performance of official duties: Article 136(1) of the Criminal Act;

(b) The point of injury in judgment: Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act for ordinary concurrences and for choice of punishment (the punishment prescribed for the crime of bodily injury in the holding that the punishment is most severe, and the choice of imprisonment);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., the agreement with the victim and the degree of damage is not severe);

1. Type 1 (General Bodily Inflicting) (Special Bodily Inflicting) of ordinary bodily injury to which a sentence may be pronounced, - In the case of obstruction of performance of official duties (decision on the area of recommendations), reduction area / [decision on the area of recommendations] mitigation area / 2 months to 1 year; and

2. Whether or not to add a stay of execution - Major reasons for a suspension of execution - Insignificant punishment of injury - Reasons for general participation - Before a suspension of execution of execution of not less than two times negative: positive.