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(영문) 광주지방법원 2015.12.29 2015고단3655

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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 04:00 on August 7, 2015, the Defendant had a dispute with the Victim B (Nam, 51) in the Dong-gu Gwangju-gu, Gwangju-gu, and the Victim D (Y, 43 years old) in the “E restaurant” of the Victim D(S, 43 years old).

The Defendant: (a) spiting B’s face on the face of the Defendant, spiting it one time in a large sound; and (b) spiting D’s chest part once in a single meal; and (c) caused customers who had been in the place to go in a restaurant by avoiding disturbance for about 30 minutes, such as spiting D’s chest part on a hand.

Accordingly, the defendant committed violence against the victim D, and interfered with the restaurant business of the victims.

2. On August 7, 2015, the Defendant spite, around 04:10 on the same date and time as the foregoing paragraph, and at the same place, and received a request from the G District Police Officer H, etc. of the Gwangju Dong-dong Police Station G District Station G District, Gwangju, Dong-dong Police Station, to make a statement on the circumstances of the instant case, etc. from the police officer H, who was requested him/her to take his/her own large interest, spits his/her head and face, and spits his/her head and face.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the investigation and maintenance of public order by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect of the police accused;

1. Each statement made by the police against B and H;

1. Each written statement of B, D, and F;

1. Application of Acts and subordinate statutes, such as a damaged photograph, a copy of the global working site, and a CD-1 of the H submission;

1. Article 136 (1), Article 314 (1), and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Second crimes for which there is no basic area (6 to 1 year and 4 months), the basic area (6 to 6 months) of the 1st category of the obstruction of performance of official duties (the scope of recommendations) of Article 62(1) of the Criminal Act (the scope of punishment) of the suspended execution of punishment (the scope of recommendations) (the general violence) of Article 62(1) of the Criminal Act.