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(영문) 광주지방법원 2019.01.17 2018고단4014
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 July 23, 2018, the Defendant, at around 05:50 on July 23, 2018, sought sexual traffic from “C” of the third floor of the 3rd floor of the building in Gwangju-dong-gu, Gwangju-gu, demanding the victim D (the 31 year old), who was an employee, but the victim was able to take a bath for the refusal of sexual traffic, and assaulted the victim, whose head and breast part of the victim was fluent, and whose face was taken up by the victim.

2. On July 23, 2018, from around 05:20 to around 05:40, the Defendant obstructed the operation of the victim’s marina business by force for approximately 20 minutes, such as having the customers who found the victim D take a bath at a large interest, on the ground that the victim D refused sexual traffic, as referred to in the above 1.

3. On July 23, 2018, at around 05:50, the Defendant 112 reported at the place under the foregoing 1. On July 23, 2018, he was arrested as a flagrant offender by F, etc., working in the back seat of the patrol vehicle, and demanded F, however, he spited the F’s face that he was seated by the Defendant on the ground that F refused this request.

Accordingly, the defendant interfered with the handling of 112 reported cases by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and D;

1. Application of Acts and subordinate statutes of report on internal investigation (ctv image verification);

1. Relevant Article 136 of the Criminal Act, the choice of punishment for the crime, Article 136 of the Criminal Act, Article 260 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, and the choice of imprisonment, respectively;

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. Probation and community service order Article 62-2 of the Criminal Code are very poor to commit the crime of sentencing, and it shall be severe to punish 20 criminal records including the same kind of crime.

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