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(영문) 광주지방법원 2015.07.29 2015고단2110
공무집행방해등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On June 2, 2015, at around 22:50, the Defendant: (a) expressed a wish to present identification card from the victim FF (57 years old) in the Gwangju Mine Police Station E zone, who was sent to the Defendant after receiving a report that the said entertainment drinking house's employee D and francing had failed to calculate the drinking value; and (b) expressed a desire to “I am francing like frans, who will be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to perform

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer on F;

1. The descriptions of each statement in D or G preparation;

1. Application of the statutes in which a medical certificate (54 pages) is written;

1. Article applicable to criminal facts;

A. The point of obstructing the performance of official duties: Article 136(1) of the Criminal Act

(b) The point of injury in judgment: Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrence and the choice of punishment (the punishment prescribed for the crime of bodily injury heavier than that prescribed in the judgment below shall be punished, and the choice of imprisonment shall be sentenced);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 (1) of the Act on Probation, etc.;

1. The scope of the recommended sentence on the sentencing guidelines [decision of types] the general injury (general injury by general person) - the minor injury of mitigated factors - In the case of obstruction of performance of official duties, the basic area [decision of the recommended area] 4 months to 1 year and 6 months; and

2. Whether or not to add a stay of execution - In the case of negative obstruction of performance of official duties, - In the case of negative obstruction of performance of official duties - Where the attitude of an affirmative and minor crime of bodily injury is insignificant - The reason for the general participation is not less than twice and not less than two times, efforts to recover damage that has no serious reflect

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