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(영문) 광주지방법원 2015.11.05 2015고단3796
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On September 25, 2015, the Defendant: (a) around 23:00 on September 25, 2015, the Defendant: (b) was under the influence of alcohol in “D’s singing room” located in Gwangju Seo-gu; (c) shouldered the glass cup in the instant singing room, which is an employee of the said singing room; (d) broken the glass cup, which was displayed on the floor of the singing door even and in the room; and (e) broken down the glass cup, which was displayed on the floor of the singing door and the room; and (e) broken up by exceeding the large amount of harmony in front of the camera.

Accordingly, the defendant damaged the victim F's market price which is the victim of the above singing room business.

2. While the Defendant was asked from the security guards belonging to the Gwangju Western Police Station G District G District, who called for a disturbance upon receiving a report on the same reasons as the date, time, place, etc. mentioned in paragraph (1), and tried to assault the said H’s owner and his employee, and were arrested as a flagrant offender, and without any particular reason during the process of being drunkly arrested as a flagrant offender, the Defendant assaulted the said H on two occasions by putting the said H’s body at a two-time level, namely, whether the said H’s body was cut off.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers concerning reporting processing and crime prevention affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. A written statement of F and E;

1. Application of each statute on photographs;

1. Article 136 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the crime;

1. Selection of each sentence of imprisonment;

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 Social Service Order Criminal Act: Class 1 (Obstruction of Performance of Official Duties) (Scope of Recommendation) (Obstruction of Performance of Official Duties) mitigation area (1 to 8 months) [Special Mitigations] Punishment Non-Punishment (1 to 1, where serious injury has occurred) (the scope of Recommendation) (Article 62-2).

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