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A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On July 15, 2015, from around 01:50 to around 02:50 of the same day, the Defendant: (a) heard the victim’s “Dju shop” operated by the victim C (hereinafter “Dju shop”) in Seo-gu, Gwangju; (b) expressed the victim’s desire to “Is the victim’s “Is the end of business, and Is the victim’s end of business. Is that Is the victim’s end of business. Is the victim’s bar business by force for a period of about one hour.”
2. 공무집행방해 피고인은 2015. 7. 15. 03:00경 제1항 기재 ‘D주점’에서 소란을 피우던 중 112신고를 받고 출동한 광주 서부경찰서 E파출소 소속 경사 F으로부터 제지를 당하자 F에게 “우리 아버지 부르면 넌 죽는다. 이 새끼야”라고 욕설을 하고 F의 얼굴을 향하여 1회 주먹을 휘두르고, 계속하여 피고인은 광주 서구 G에 있는 E파출소로 연행되어 광주 서부경찰서 형사계로 인계되는 과정에서 F의 다리를 발로 수회 찼다.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting processing and arrest of flagrant offenders.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the respective Acts and subordinate statutes of C, H and F
1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the obstruction of duties by force and the choice of imprisonment), and Article 136 (1) of the Criminal Act (the occupation of obstruction of performance of duties and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Type 1 (Obstruction of Performance of Official Duties) of the Reasons for the Sentencing of Article 62(1) of the Criminal Act (Scope of Recommendation) of the Suspension of Execution, where the extent of assault, intimidation, and deceptive schemes is insignificant, Category 1 (Obstruction of Performance of Official Duties or Force of Obstruction of Duties) of the Suspension of Execution (Special Mitigation) of the Punishment of Violation 1 (Obstruction of Performance of Official Duties or Force of Obstruction of Duties) (Special Mitigation) of the Punishment of Violation 2 (Obstruction of Official Duties)