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(영문) 광주지방법원 2014.07.08 2014고단1790
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On May 5, 2014, at around 22:20, the Defendant 104 Dong 702, while drinking alcohol together with the relative relatives in Gwangjubuk-gu B apartment 104 Dong 702, and discovered D by the police officers belonging to the Gwangju Northern Police Station C District of the Police Station, the Defendant expressed to the above police officers “I must go to go to the police officer.” On the hand, the inside her face was worn by her hand at one time, and continued to stop this, the Defendant interfered with the legitimate performance of duties concerning the maintenance of public order and security of police officers at two times by drinking the head head part of the police officer E, who continued to restrain him from drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Application of statutes governing the place of work;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. It is recognized that the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, Article 59 of the Probation Act, etc. Act reflects the Defendant’s wrong mind in depth, and the Defendant appears to have endeavored to recover from damage, such as finding the victimized police officers after the instant crime, and making efforts to recover from damage. The Defendant seems to have no specific criminal power, other than twice before and after the crime of this case, and the Defendant appears to have supported the children, etc. who are being treated as acute flachine leukosis by force.

However, on the other hand, the crime of this case was interfered with the execution of official duties by assaulting public officials on the part of the defendant while performing official duties. The protected legal interest of the crime of this case, which is the necessity of the protection of official duties, cannot be deemed to be less than the personal interest of the defendant, such as the above circumstances, and the defendant's age, character, environment, and motive

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