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(영문) 수원지방법원 성남지원 2016.08.31 2015고단2767
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

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 November 2, 2015, the injured Defendant: (a) around 23:10, around 23:10, the victim B (72) who is a taxi engineer (72) and the taxi charge-related dispute over the second-class community hall located in Gwangju City, 492-ro 54; (b) while taking a dispute over the taxi charge, the injured Defendant saw the victim’s eye at the time of drinking; and (c) taken a part of the victim’s chest, the injured Defendant saw the victim’s chest on the part of drinking, and put the victim’s eye on the part of the number of days of treatment.

2. The Defendant obstructed the performance of official duties, at the time and place specified in paragraph 1, and at the same time and place specified in paragraph 1, was subject to control from the slope C(41) belonging to the Gyeonggi Police Station of Gwangju, which called to the site after receiving a 112 report, and committed assault, such as duplicating his flap, by taking the said C’s hump with his hump as a hand, while doing so.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B and C;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Article 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing of Article 62-2 of the Social Service Order Act for the following reasons: (a) the scope of the final sentence for multiple crimes are minor: (b) the scope of the punishment for multiple crimes: (c) the general injury [the scope of the punishment for recommendations] the mitigated area (2) the minor injury (1) (1 to 1 year) (2) the mitigated area (1 to 4 type) [the scope of the recommended punishment] the mitigated area (1 month to 1 month and 8 months); (d) the mitigated area (1) the mitigated area (1 to 1 month in the event that the degree of violence, intimidation, and deceptive means is minor: (d) February to 1 year and 4 [the decision of sentencing] has not been recovered from damage; (d) the records of violent crimes are several times; and (e) the defendant misleads the defendant and repents the defendant; and (e) the injury and deceptions.

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