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(영문) 광주지방법원 2015.01.07 2014고단2718
공무집행방해
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

On June 28, 2014, around 00:03, the Defendant reported to the police on the ground that, in the underground parking lot of the 80'Stopy apartment of the Gwangju Mine-ro 80'Stoon-ro, the 'Stoon-ro 80', a substitute driver, C reported to the police on the reason that it was obvious that he had different driving rooms while parked, he was able to do so, and the Defendant continuously expressed a large voice and b

On June 28, 2014, at around 00:15, the Defendant continuously expressed an explanation that “if a police officer, etc. who belongs to the Gwangju Mining Police Station D Boxes called to the above underground parking lot, appears to have not caused an accident, and has sustained mental damage, he/she shall file a civil lawsuit” from the police officer, etc., on the ground that he/she does not interfere with the handling of the case as he/she wishes, she would not interfere with the handling of the case.”

At around 00:25 on the same day, the Defendant: (a) was informed of the police officer E to the effect that “if a police officer wishes to continue, he/she may be punished as a crime of insult”; (b) he/she carried out twice the title of the police officer E on the part of the main set of the vehicle parked above that of the police officer, and obstructed the police officer’s legitimate performance of his/her duties in relation to the maintenance of public order and criminal investigation.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant and defense counsel at each statutory statement of the witness C, E, and F claimed that the act of assault by the police officer does not constitute obstruction of performance of official duties on the premise that the police officer's lawful performance of official duties does not constitute obstruction of performance of official duties.

However, according to the witness C, E, and F’s respective legal statements, the Defendant took a bath to the police officer E and F who were performing the duties of maintaining public order and conducting criminal investigations, such as checking traffic accidents after receiving the Defendant’s report, and if the police officer E takes a bath, he can recognize the fact of assaulting E by neglecting the warning that the offense of insult may be punished if the police officer took a bath.

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