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(영문) 광주지방법원 순천지원 2015.12.11 2015고단1860
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 1, 2015, the Defendant: (a) around 01:15, the Defendant: (b) parked the vehicle of the victim E (year-old) and the vehicle of the Defendant’s driving on the street in front of the “D convenience store” located in the front of the south of Korea, and requested the victim to move the vehicle near, but (c) the victim could not be deducted from the vehicle because the victim is drinking alcohol at other places.

Accordingly, the Defendant waiting for the victim for two hours, and when the victim arrived at the above location, the Defendant saw that “the victim has contracted it well” to the victim, and flicked the victim’s breath with one hand, and assaulted the victim by using other hand at least five times the victim’s upper part.

2. The obstruction of performance of official duties and the Defendant was reported to 112 as the same act, at the time, place, and place under the above paragraph (1).

The Defendant reported 112 and sent out to the police officer G (33 years of age) who belongs to the Felbane Police Station, and G (33 years of age) who was called that the Defendant’s act was “Isnman,” the Defendant’s act was called “Isnman” to the police officer, who was fluent, was tightly sealed at once, and again, took the above G’s entrance examination once again, and took the face of the belbow.

As a result, the Defendant interfered with the legitimate performance of official duties by police officers on the handling of the 112 reported case, and at the same time, conducted inspections and prizes to police officers G for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 260 (1), 136 (1), and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the developments leading to the occurrence of the instant case; Article 62 (1) of the same Act:

1. Social service order under Article 62-2 of the Criminal Act;

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