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(영문) 광주지방법원 2014.09.24 2014고단2629
공무집행방해등
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On June 20, 2014, at around 19:40, the Defendant: (a) was drunkly driven by C restaurants located in Gwangju Northern-gu, Gwangju; (b) obstructed the Defendant’s legitimate execution of duties in relation to the suppression of police officers’ crimes; (c) obstructed the Defendant’s injury, such as an open wife, etc., in the right hand part of the right hand, which requires approximately two weeks of medical treatment, to the victim, who was dispatched upon receipt of a report, from police officers F (32 years of age) belonging to the Gwangju Northern Police Station E zone; and (d) went to the victim F (32 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to the police officer with F;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

1. Article applicable to criminal facts;

A. The point of obstructing the performance of official duties: Article 136(1) of the Criminal Act

(b) The point of injury in judgment: Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrence and the choice of a punishment (the punishment provided for in the crimes of injury heavier than that of each crime on the market, and the punishment and the choice of imprisonment) of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the sentence to be declared [Determination of the sentence] - Type 1 (General Inflicting) (General Inflicting) (Special Inflicting Person) - In the case of minor in terms of mitigation element - In the case of obstruction of performance of official duties, [Determination of the recommended area] mitigation area / [determination of the recommended area ] 2 months to 1 year (general in terms of punishment ] mitigation area / In the case of general in terms of mitigation element -

2. Whether or not to add a stay of execution - In the case of negative obstruction of performance of official duties - the reason for the principal commitment: In the case of negative obstruction of performance of official duties - the reason for the affirmative injury penalty - the reason for the general commitment: the health of the defendant who has no criminal record

3. Six months of imprisonment with prison labor for a sentence (two years of suspended sentence);

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