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(영문) 광주지방법원 2016.06.24 2016고단1268
공무집행방해등
Text

A defendant shall be punished by imprisonment for a period of four months and a fine of five hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On August 26, 2014, the defendant was sentenced to a suspended sentence of two years for six months in imprisonment with labor for interfering with the performance of special public duties in the Gwangju District Court's net support, etc., and the same year.

9.3. The above judgment becomes final and conclusive and currently during the suspension of execution.

1. Around April 20, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) reported to a public official a crime that was not reported by a police official on a telephone call in 112 even though the Defendant did not have any damage to a knife while drinking alcohol in the drinking house “D” located in Gwangju Seo-gu, Seo-gu, Gwangju, due to the following:

2. Whether the Defendant interfered with the performance of official duties, and the Defendant’s injury, upon receiving a report at around 01:48 of the same day at the same place, will be placed on the Internet by the victim F (37 tax) of the private person in the border belonging to the Seo-gu Police Station E District of Seo-gu, Seo-gu, Gwangju (37) who was dispatched after receiving the report at the same place;

C. The gue gue expressed the desire of ‘F' and the cost of vision is being carried out, and the police officer's legitimate performance of official duties with regard to the handling of 112 reported duties was obstructed at the same time, and at the same time, the victim failed to perform approximately two weeks of treatment for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made to F in the police statement protocol;

1. Statement of G;

1. Statement of report of the case

1. Images of photographs;

1. Previous conviction: Application of the Acts and subordinate statutes written in reply to inquiries;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 257 (1) of the Criminal Act (the point of injury), and Article 3 (3) 2 of the Punishment of Minor Offenses Act (the point of false report) concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crime of interference with the execution of public duties and the crime of injury, and the punishment imposed on the crime of serious injury shall be imposed);

1. The punishment of selective injury shall be punished by imprisonment, and the punishment of minor offenses shall be punished by a fine, respectively;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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