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(영문) 광주지방법원 2015.06.25 2015고단893
공무집행방해
Text

Defendant

B Imprisonment for four months, and each of the defendants A shall be punished by a fine of KRW 1,500,000.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

Defendant

B around 06:32 on January 13, 2015, at the cafeteria of the trade name “E” located in Gwangju-gu, Gwangju-gu, by asking the Defendant A for personal information, the slope belonging to the F District of the Police Station of Gwangju-dong Police Station, called “E” who was reported as a assault incident, and assaulted the above H due to the following reasons: (a) the chest part of the H’s chest part of the dispatch with the above G was laid down as the hand floor; and (b) the vehicle walking the H’s bridge part by cutting the part of the title of the said H.

As a slope G was removed from Defendant B, Defendant A expressed his her bitch, “A bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch,” and assaulted G by keeping the chest part of the above G in good hand, cutting down the left part of the bitch bitch.

Accordingly, the Defendants interfered with the legitimate performance of official duties concerning the handling of 112 reports by police officers.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement to H, G, I, and J;

1. Application of Acts and subordinate statutes to the site and photographs of victim of violence;

1. Article 136(1) of the Criminal Act applicable to the facts constituting a crime;

1. Defendant A: Defendant B of the selective fine: Imprisonment with prison labor;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. Article 62 (1) of the Criminal Act (Defendant B) of the suspended execution;

1. Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act (Defendant A);

1. In full view of the following circumstances: (a) there is no record of criminal punishment against Defendant A; (b) the degree of assault is relatively heavy; (c) the victim G deposited KRW 1,00,000 for the purpose of the victim; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (e) the conditions of sentencing specified in the arguments in the instant case, including the circumstances after the crime, etc.

2. Defendant B [Scope of Recommendation] The scope of mitigation area (one month or eight months) (special mitigation), which is minor, the degree of assault, intimidation, and deceptive scheme.

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