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(영문) 광주지방법원 2014.07.16 2014고단1806
공무집행방해
Text

A defendant shall be punished by imprisonment for 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

Around 18:50 on May 4, 2014, the Defendant: (a) while drunked the D cafeteria in front of the D cafeteria located in Gwangju-gu, Gwangju-gu, and subsequently boomed with E, the Defendant, upon receiving a report, expressed the police officer G belonging to the police station of Gwangju Dong Police Station, who was asked by the police officer H about the circumstances of the instant case, and expressed the police officer H, who was asked by the police officer H of questioning about the circumstances of the instant case. As such, the Defendant assaulted the police officer, who was compelled to engage in the act, as the Defendant would be able to keep the face of the said H by drinking.

At around 19:20 on the same day after the Defendant was arrested as a flagrant offender of insult and was transferred to the F police box located in Gwangju Dong-gu I, the Defendant expressed to G police officers “Chewing feass, var must grow well, grow well, grow well, and grow well,” and expressed, on his own hand, the Defendant expressed that “I am her blick, and blick, for about two hours at one time.”

Accordingly, the defendant interfered with the legitimate execution of police officers' duties on the maintenance of public order and criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. To serve a criminal investigation report (related to the field situation) and a police box;

1. Application of statutes, such as photographs of victims;

1. Article 136 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, such as community service and order to attend lectures;

1. Where the extent of the mitigation area (one month to eight months) (special mitigation), such as assault, intimidation, and deceptive scheme is minor for the first-class crime (Scope of recommending punishment).

2. Type 1 (Obstruction of Performance of Official Duties and Compelling of Duties) of the basic area (six months to one year and four months) (special person) of the Second Crimes (Scope of Recommendation).

3. The scope of final sentence due to the aggravation of multiple offenses: From six months to one year and eight months; and

4. Six months of imprisonment with prison labor for a decision of sentence and two years of suspended sentence: The instant case shall be in the following special circumstances:

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