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(영문) 광주지방법원 2016.08.12 2016고단1132
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 12, 2016, the Defendant: (a) around 12:00, the Defendant: (b) discovered that the victim in name in Gwangju-gu, Nam-gu, Gwangju-gu, was the second floor where D was leased to D; (c) and (d) caused D, a mother of D, not opening a door; and (d) caused D’s door to walk the door by hand, and knife the door by hand.

Accordingly, the defendant damaged the property owned by the victim to be non-repairable.

2. The Defendant, in accordance with the above time and place, demanded the victim E, who is the mother of D, to leave his/her father, at the above time and place, and demanded the victim to return home because he/she had no father. As above, the Defendant, as seen above, avoided disturbance, such as walking the entrance door outside the victim’s front door, and did not comply with it until December 25 of the same day without justifiable grounds.

Accordingly, the defendant did not comply with the demand of the victim to leave.

3. On March 12, 2016, around 12:25, the Defendant obstructed the performance of official duties, and the Defendant injured the satisfies as above at the above site. On the 112:25, the police box affiliated with the police box of the Seoul Southern Southern Police Station, which called after receiving the 112 report, was removed from the victim G (47 years old). The Defendant, by hand, sated the victim from the 2nd floor to the ground floor.

As a result, the Defendant interfered with a police officer’s legitimate performance of duties concerning the handling of 112 reports, and at the same time, the Defendant inflicted an injury on the victim, such as pelvise, in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Entry of each police statement protocol in relation to G, D, and E;

1. Statement of H;

1. Descriptions of a medical certificate;

1. Application of each video statute to each of the video CDs that interfere with the performance of official duties;

1. The prosecutor appears to have omitted the facts of crime in error under Articles 136(1) and 257(1) of the Criminal Act.

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