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(영문) 광주지방법원 2015.06.04 2015고단928
공무집행방해
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 became final and conclusive.

Reasons

Punishment of the crime

1. On February 20, 2015, on the road in front of the “Ecafeteria” located in Gwangju Metropolitan City Mine-gu, Gwangju Metropolitan City, the Defendant committed assault by the police officers C on the ground that C was able to take a drinking test on the said F, on the ground that the security guards belonging to the G police box of the Gwangju Mine Police Station, who is the Defendant’s seat, tried to take a drinking test on the said F.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

2. On February 20, 2015, the Defendant of the obstruction of performance of official duties against H by a police officer: (a) was arrested and taken in custody of a flagrant offender under the suspicion described in paragraph (1) at the Gwangju Mine Police Station G police station located in Gwangju Metropolitan City, Gwangju Metropolitan City, on February 20, 2015; (b) the Defendant expressed the attitude that the Defendant, at the same time, assaulted the shoulder part of the above H on one occasion; and (c) imprisoned the tobacco to avoid smoking, such as taking a booming to the effect that the Defendant she was sexually sexually imprisoned; and (d) the Defendant, while going out of the police station, she was sexually imprisoned with the face part of the above H.

Accordingly, the defendant interfered with the legitimate execution of duties and maintenance of order within the police box.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the law to the statement statement made by the police officers in C and H

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is minor, the area of mitigation (one month or eight months) (special mitigation) of the area of reduction (one month or eight months), [decision of sentence] imprisonment with prison labor for six months, and two years of suspended execution shall be sentenced to imprisonment with prison labor for the obstruction of performance of official duties, etc. at the Gwangju District Court on June 1, 2007.

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