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(영문) 광주지방법원 순천지원 2015.08.20 2015고단946
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. On June 6, 2015, at around 14:05, the Defendant: (a) laid the back of the back of the back of an individual taxi operated by the victim D (Nam, 51 years of age) in front of a restaurant located in Gwangju-si B; (b) and (c) took a bath, such as “Is, sprinke, sprinke, spher, and sphere,” without the purpose guidance while under the influence of alcohol, the Defendant interfered with the Defendant’s business, thereby obstructing the victim from running his/her private taxi.

Accordingly, the defendant interfered with the victim's private taxi operation by force.

2. On June 14:10, 201, the Defendant interfered with the performance of official duties as described in the foregoing paragraph (1), and around June 6, 2015, around 14:10, the Defendant reported H and assistant I verbally to the police officers who were police officers working in the luminous Police Station G district where D was working in the luminous CityF, and H and assistant I called the above taxi back seat and demanded the Defendant to leave the taxi.

However, the Defendant refused the above demand of the police officers, and the reasons behind this demand stated that H would take the Defendant’s hand out of the taxi, thereby leaving the taxi, and that he would be able to say, “Wer must do so,” and that H would be at the time two times with the hand floor of the Inspector H’s son.

Accordingly, the Defendant interfered with the legitimate performance of public duties by police officials on the handling of reported cases and the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and H

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

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 (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order Article 62-2 of the Criminal Act, and Article 59 of the Probation, etc. Act;

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