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(영문) 광주지방법원 2014.09.04 2014고단2073

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten 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. On March 31, 2014, between around 15:10, and around 15:20, the Defendant had shown a pharmacy prescription to nurses E in the “D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D, and, on the ground that the above E “the prescription was said to be a pharmacy to cause a drug to get a drug and to receive a medical treatment, the receipt need to be made”, “I do not give medical treatment to the hospital at this time,” and continuously, the head of the hospital, who is the victim, continued to “D D” did not have any other feass of gue fe, “D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D with p with pho, and h for about ten minutes

Accordingly, the Defendant, by exercising the above power, interfered with the victim’s hospital treatment work.

2. The obstruction of performance of official duties and the Defendant injured the Defendant, who received a report of interference with business before the above hospital and sent out the scene of the F District Unit of the Mine Police Station, were able to see that “Is the Defendant’s flagrante, the president, the president, or the same franchise is the same franchise,” with the left hand, and went beyond the floor of the said G’s franchising with the left hand in order to arrest the Defendant in flagrante with the suspicion of interference with business.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers with respect to the arrest of flagrant offenders, and at the same time, the Defendant inflicted injury on the victim G (Nam, 45 years of age) including the right slots that require four weeks’ medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Written statements of D;

1. Application of Acts and subordinate statutes to internal investigation reports and investigation reports (Evidence Nos. 5, 6)

1. Article applicable to criminal facts;

(a) Interference with business: Article 314(1) of the Criminal Act, the selection of imprisonment;

(b) Obstruction of performance of official duties: Article 136(1) of the Criminal Act;

(c) Injury: Article 257(1) of the Criminal Act;

1. Articles 40 and 50 (Mutual Crimes of Obstruction of Performance of Official Duties and Bodily Injury) and choice of imprisonment for an ordinary competition;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.