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(영문) 광주지방법원 2017.05.10 2017고단1261

공무집행방해등

Text

The punishment against the accused shall be determined by six months of imprisonment and a fine of three hundred thousand won.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

On January 30, 2015, the Defendant was sentenced to one year of imprisonment with prison labor by obstructing the performance of official duties in the Gwangju District Court, and completed the execution of the sentence in the Gwangju District Court on January 25, 2016.

1. The Defendant, who violated the Punishment of Minor Offenses Act from February 2, 2017 to February 00:28, 00:0:35 of the same day, was sentenced to the taxi rate rate at C District District located in Gwangju Northern-gu, Gwangju, and was under influence of alcohol, and was working without any particular reason, he/she shall die all of the police officers working for the same breath. Cump gue.

D. L. N. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L.’s remarks to the police officers, which caused disturbance to be

Accordingly, the Defendant, as seen above, led to a very rough and disorderly speech and behavior at a public office.

2. The Defendant interfered with the performance of official duties at the same time and at the same place, and at the same time, the Defendant interfered with the legitimate performance of duties by the police officer concerning the police officer’s service in relation to the police officer’s work on one occasion due to the defect in F, who is a public official working in the said district, to have the Defendant genuinely resist the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. A written statement of E (in cases of investigation records, two thousands 14 pages);

1. A written statement of the main officer;

1. Evidential photographs of each evidence;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the same kind of suspect and confirmation of repeated offense);

1. Relevant provisions of the Punishment Act concerning the facts constituting the crime, Article 3 (3) 1 of the Punishment of Minor Offenses Act (the fact that the official document is revoked, the selection of fines), and Article 136 (1) of the Criminal Act (the point that obstructs the performance of official duties, the selection of imprisonment with prison labor);

1. Article 35 of the Criminal Act against the aggravation of repeated crimes (Crime of Interference in Execution of Official Duties);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Grounds for the sentencing of Article 334 (1) of the Criminal Procedure Act (Interference with the execution of official duties) of the Provisional Payment Order;

1. The scope of the recommended punishment according to the sentencing criteria;