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(영문) 광주지방법원 2014.11.13 2014고단3551
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 17, 2014, the Defendant: (a) around 06:10 on September 17, 2014, around the fourth elevator of the Nam-gu Gwangju Metropolitan City Btel, and (b) reported that the Defendant 112 was frighting to the disturbance, such as the Defendant’s frighting to the 4th elevator of the Nam-gu Gwangju Metropolitan City Btel; (c) and (d) stated that the police officers D (ma, 51 years of age) affiliated with the Gwangju Southern Police Station C commander of the Gwangju Southern Police Station C commander of the Police Station, who called “the Defendant resides in the fright,” and did not look at the victim’s frighting part of the victim’s frighting part at one time, and

Accordingly, the defendant assaulted the victim who is a public official and interfered with the execution of his duties, and inflicted an injury on him.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes, such as a medical certificate and an investigation report (Evidence List No. 9);

1. Article applicable to criminal facts;

(a) Obstruction of performance of official duties: Article 136(1) of the Criminal Act;

(b) Injury: Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act (Punishments imposed on the crimes of serious bodily injury) of the Commercial Concurrent Crimes, and the choice of imprisonment;

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

1. Scope of recommendations;

(a) Basic area (from April to June) of category 1 (general injury);

(b) In the case of the obstruction of performance of official duties, minor injuries (type 1, 4) by special mitigation (type 1, 4);

2. Determination of sentence shall be made within the scope of the above recommendation, taking into account the following factors: (a) although the Defendant was subject to criticism against a police officer in the course of performing official duties, the degree of injury is insignificant; (b) there is no criminal record exceeding the fine imposed on the Defendant; and (c) the Defendant reflects the depth of his/her criminal act;

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