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(영문) 광주지방법원 2015.12.16 2015고단4365
공무집행방해등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On October 1, 2015, the Defendant: (a) was under influence of alcohol in front of the beauty room of “C” in the name of “C” located in Gwangju Northern-gu, Gwangju Northern-gu; (b) the police officer, who was a police officer belonging to the Gwangju Northern Police Station D Zone D District, dispatched upon receipt of a report, spiting the face into the face, sprinking it, and sprinking the flabing and flabing the flab, while taking a bath for the Defendant to return home.

As a result, the defendant interfered with the legitimate execution of duties concerning the maintenance of police officers' order and the protection of the host.

2. When the Defendant was arrested as a flagrant offender in the crime of obstruction of performance of official duties due to the act as described in the foregoing paragraph (1), and was taken into custody at the cell of the Gwangju Northern Police Station, the Defendant left the disturbance at the main room of the detention room at around 21:53 on the same day, and caused the disturbance by drinking the window of the above protection room ( approximately 21cm at an Acry, street width, 18cm at the length of 21cm).

Accordingly, the defendant damaged the above window of the above protection room used by public offices to require the amount of 100,000 won for repairing costs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. A statement prepared in the F;

1. Application of Acts and subordinate statutes to written estimates of G works;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of obstructing the performance of official duties: Article 136(1) of the Criminal Act;

(b) The point of damage to public goods in its holding: Article 141 (1) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 (1) of the Act on Probation, etc.;

1. Type 1 (Determination of Punishment) of the obstruction of Performance of Official Duties (Involving the Obstruction of Performance of Official Duties) (Determination of the Recommendation Area), the basic area [Scope of the Recommendation Area] 6-1 year and 4 months (general person who is sentenced to punishment] - the mitigation element of mental health and physical disability (the person in question is responsible);

2. Second crimes [Determination of Punishment] Performance of Official Duties.

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