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(영문) 광주지방법원 2015.11.06 2015고단3631
공무집행방해등
Text

The punishment of the accused shall be determined by eight 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

1. On September 4, 2015, the Defendant received a demand for presentation of identification card from the head of the Seo-gu Police Station C District District District of Gwangju, which was called for, without any justifiable reason, at around 20:10, under the influence of alcohol in the first corridor 202 in the Seo-gu, Seo-gu, Gwangju, the 202 studio gate-gate 202.

In doing so, the Defendant expressed his desire to “a friend friend, bitch frich,” and obstructed the police officer’s legitimate execution of duties concerning the handling of 112 reports by frithing the frith’s fribage.

2. On September 4, 2015, the Defendant causing damage to public goods: (a) was arrested as a flagrant offender on the same grounds as indicated in the foregoing paragraph (1) and boarded the E patrol vehicle; and (b) then, without any reason, damaged goods used by public offices by breaking off the partitions for the protection of drivers in the said patrol vehicle to KRW 600,000,000 for the repair cost of the said partitions, while moving to the Gwangju Western Police Station C district.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of the statutes governing written estimates;

1. Article relevant to the facts constituting an offense and the selection of punishment;

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

(b) The point of damage to public goods in its holding: Article 141 (1) 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the basic area [the scope of recommendations] 6-1-6 months from 6-1-6 months [the general person] - the goods whose elements of mitigation have been invalidated or destroyed, has been damaged and recovered;

2. Type 1 of the obstruction of performance of official duties (in the case of a decision on the type of punishment) (in the case of a decision on the obstruction of performance of official duties) basic area [the scope of a recommendation area] 6-1 year and 4 months [the person who is a general person].

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