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(영문) 부산지방법원 동부지원 2013.07.09 2013고단1430

공무집행방해등

Text

A defendant shall be punished by imprisonment for 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

1. Around April 19, 2013, the Defendant insultd the victims by publicly alleging the victim G and H at the place where the victims of the victim G and H were located, on the following grounds: (a) on April 19, 2013, the Eart of D’s operation located in Suwon-gu, Busan, by having received a report that the Defendant avoided the disturbance without paying the drinking value, etc.; and (b) the slope G and the horse H belonging to the Busan Southern Police Station, the Busan Southern Police Station: (c) the Defendant took place; (d) the victim G and H in the place where the customers are located.

2. The Defendant: (a) committed the crime described in paragraph (1) at the time and place of the obstruction of performance of official duties; (b) arrested the Defendant as a flagrant offender and took a bath to the Defendant; and (c) assaulted the Defendant, by hand, such as flabing the H’s flaps and sping the flab; and (d) interfered with the lawful performance of his official duties concerning the arrest of the flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to H, G, and D;

1. Article 311 of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act among the crimes of insult;

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope that the punishment is added up the long-term punishment for the crime of obstruction of performance of official duties heavier than that prescribed by the aforesaid Articles)

1. Article 62 (1) of the Criminal Act (including the absence of any record of punishment heavier than the punishment of a fine, and the reflection of a record, etc.);

1. Social service order under Article 62-2 of the Criminal Act;