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(영문) 광주지방법원 2016.10.14 2016고단3622
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On November 8, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of obstruction of performance of official duties at the Gwangju District Court, who was sentenced to two years of suspension of performance of official duties, and was sentenced to eight months of imprisonment with prison labor at the Gwangju District Court on November 25, 2014, and on February 11, 2015, the sentence of suspension of execution became effective, and the execution of each of the above sentence was terminated at the Sejong Prison on November 25, 2015.

【Criminal Facts】

1. On April 23, 2016, the Defendant was urged to pay the drinking value and return home from the police officer’s slopeF (ma, 42 years old), who was dispatched after receiving a report from 112 to the effect that “D” was “the Defendant would not pay the drinking value.”

Accordingly, the Defendant committed violence by walking the left part of the police officer's left part of the flab by walking the flab of the police officer. The Defendant flabed the flab to the purport of "Woo flab flab flab," and assaulted by walking the left part of the police officer.

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

2. On July 15, 2016, the Defendant: (a) around 11:20 on July 15, 2016, at H located in Gwangju Seo-gu and the verbal repair room operated by the victim I located in front of the road; and (b) under the influence of alcohol, the Defendant destroyed the property in such a way that the amount equivalent to KRW 60,000 of the repair cost would be equal to 60,000 of the cost of repair, without any special reason, while drunk

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement of I;

1. A report on investigation (related to calculation of 60,000 won for the victim);

1. Photographs of the victim and related photographs;

1. Previous convictions indicated in judgment: Application of criminal records, each investigation report (the confirmation of criminal records of violence and the confirmation of criminal records of repeated crimes);

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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