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(영문) 광주지방법원 2014.09.19 2014고단2208
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On May 16, 2014, at around 22:50, the Defendant was arrested as a flagrant offender of the assault by a police officer called out after receiving a report while exercising violence against the taxi engineer C without paying the taxi expenses on the front of the “Stidong-gu 27” located in the Nam-gu Seoul metropolitan area, and was admitted to the detention room of the Gwangju Dong-dong Police Station located in the Daegu Dong-gu, Gwangju, on May 17, 2014.

The defendant refused to leave the police station for about 20 minutes, and went into the custody room for the defendant's escape, and went into the outside of the detention room for the defendant's escape, leaving the police officer D, etc. belonging to the Gwangju Dong Police Station for the right side of the police officer's back at one time, leaving the police officer's back side of the back side for about 2 weeks, leaving the victim police officer D's right side of the back side for about 2 weeks of medical treatment, and at the same time interfere with police officer's legitimate execution of duties for the management and safe guard.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

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;

1. In light of the reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order, considering all the circumstances, including the following: (a) the nature of the crime is not good; (b) the Defendant did not agree with the victim; and (c) the Defendant had been punished by a fine of KRW 3 million for a case similar to the instant crime even around around 2008; and (d) the Defendant had a record of being punished by a fine of KRW 3 million, which is the

[Standard for Sentencing] - In the case of an aggravated area (six months to two years) of general injury to the range of recommendations - In the case of obstruction of performance of official duties by special persons under special circumstances, the general injury to the range of recommendations.

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