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(영문) 광주지방법원 2018.04.05 2018고단584
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 19:40 on February 5, 2018, the Defendant: (a) received a report from 112, in front of the 201-dong-gu, Gwangju Mine Police Station’s living safety and the victim C (51 years old) and latitude D to whom he was used, and (b) went to the patrol vehicle to find the Defendant and move to his residence in order to find the Defendant; (c) during approximately five minutes, the Defendant took a bath to the said C, etc. on the ground that the police officer’s attitude was bad; and (d) during the course of coming to the patrol vehicle, the Defendant took a bath to the said C, etc. for a significant period of five minutes, including “I am, I am, and I am,” and (e) took a walk by opening the apartment house in front of Gwangju Northern-gu, the Defendant’s residence, by opening it.

Accordingly, the defendant interfered with legitimate execution of duties of police officers in regard to the handling of the 112 case.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Although the punishment for the crime is not minor, such as taking a bath and assault against a police officer in the course of performing official duties under the influence of alcohol as to the reasons for sentencing under Article 62(1) of the Criminal Act, the punishment is determined as ordered by taking account of the following factors: (a) the accused is led to his confession of the crime and his mistake is divided; (b) the accused does not have any criminal record exceeding the fine; and (c) the sentencing conditions under Article 51 of the Criminal Act, such as the accused’s age, sexual behavior, environment, motive for the crime, and circumstances

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