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(영문) 광주지방법원 2014.10.14 2014고단3178
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On August 15, 2014, at around 01:20 on August 15, 2014, the Defendant, in the “D D D D D D D D Din” operated in Gwangju Northern-gu, spits, etc. on the floor, was spits, etc. on the floor, and the police officers F, etc. belonging to the Gwangju Northern Police Station E zone called upon receiving a report, listen to the statements of the case against customers and examined the case.

Accordingly, the Defendant expressed the police officer’s desire to be “dwarfe” on the ground that he was sent to the case related to him and is bad, and brought about to the police officer F again, thereby threatening the police officer F by committing it. On the other hand, the Defendant forced the above police officer’s left her to keep the police officer’s public peace and criminal investigation, and obstructed the police officer’s legitimate performance of duties concerning the police officer’s maintenance of public order and criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The range of the recommended sentence for obstruction of the performance of official duties (in the case of obstruction of the performance of official duties and coercion of official duties) and the mitigation area (one to August);

2. The defendant shall be determined by the order of the punishment within the scope of the above recommendation, taking into account the following factors: (a) the degree of assault and assault against the sentence of punishment is minor; (b) the defendant reflects in depth the defendant's criminal act; and (c) the defendant has no other criminal record other than once before and after

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