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(영문) 광주지방법원 2014.04.09 2014고단61
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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

At around 14:30 on October 31, 2013, the Defendant, while drinking in the D cafeteria located in the C market located in B, had the Defendant embarked on the patrol vehicle to return to the Defendant’s residence at the request of the Defendant’s wife, and the Defendant received the report of the disturbance of the host Party, and sent to the site, the police assistant F, and G of the Nan Police Station E commander of the Nan Police Station, who called to the site, moved the Defendant to the patrol vehicle to return the Defendant to the Defendant’s residence.

Around 15:10 on October 31, 2013, the Defendant started the patrol vehicle in the vicinity of the Defendant’s residential area near H, in the direction of the Naju Police Station Emba Police Station where the Defendant gets home after getting out of the patrol vehicle and then gets back to the Naju Police Station.” On October 31, 2013, the Defendant informed the Defendant of the Haju Police Station Emba Police Station Emba Police Station affiliated with the Emba Police Station where the Defendant gets out of the patrol vehicle to stop moving back to the front and rear of the patrol vehicle, and the Defendant started the patrol vehicle in the future, and the Defendant got off the slope F at one time on the left side of the victim slope where the Defendant had been proved to do the above act in the vicinity, and turned the slope F into the nearby farming road. After notifying the Defendant of the arrest of the flagrant offender, the Defendant saw the Defendant’s act to the left side of the slope, and then the Defendant left side of the her port river.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of statutes on photographs of damage;

1. Article 136 (1) of the Criminal Act applicable to the crimes. Article 136 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [Determination of Punishment] - Class 1 of the obstruction of Performance of Official Duties (Special Convicts): In cases of minor mitigation elements: [Determination of the recommended sphere] mitigation area / [ extent of the recommendation sphere] below 8 months [Standards for Suspension of Execution] - Main reasons for major commitment (Criteria for Suspension of Execution]: In cases where the degree of assault, threat, and deceptive scheme is minor (decision of sentence] 6 months, and the defendant of this case for two years of probation.

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