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(영문) 광주지방법원 2014.10.02 2014고단1995
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 21:20 on May 28, 2014, the Defendant: (a) sought to set a transition from D to the circumstances belonging to the Gandong Police Station C District of Gwangju Dong-dong Police Station, who called out after receiving a report, such as putting excessive (12 cm a day length) at the square of Mannam-ro 4, Gannam-ro 4, Gannam-ro 21-8, Gannam-gu, Gwangju Metropolitan City, and threatening the people passing away from the square of Mannnam-ro 21-8; (b) displayed the transition; and (c) displayed the transition from D to D, as D, even though he was expelled from D by the police salary, he was called together with D, to the border E belonging to the same area of Gandong-gu, which was called together with D.

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

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Records of seizure and the list of seizure;

1. Application of the statutes governing 112 patrols and photographs of spathic images;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition, the choice of imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. Probation under Article 62-2 of the Criminal Act;

1. According to the evidence duly adopted and examined by the court on the Defendant’s assertion as to Article 48(1)1 of the Confiscation Criminal Act, the Defendant asserted that the Defendant was merely a self-defense in order to have the police officer feel a threat to illegal arrest.

In light of the evidence duly adopted and examined by this court, even though police officers demanded to set excessive amount to the defendant, the defendant's excessive amount of money without complying with it, and thus, the defendant was arrested by leaving the police officers to the police officers, so the above argument by the defendant is without merit.

Reasons for sentencing

1. Aggravation area (1 to 4 years) of the category of obstruction of performance of official duties, the scope of the recommended punishment;

2. Determination of sentence;

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