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(영문) 부산지방법원 2019.05.02 2019고단223

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 22, 2018, around 05:10 on December 22, 2018, the Defendant voluntarily acted in the D Zone C located in Busan Jin-gu, Busan.

At around 05:33 on December 22, 2018, the Defendant: (a) expressed to the other party to the assault case “Chewing typium”; and (b) expressed to the police officers who refrain from doing so, the Defendant expressed to the police officers who desire to “marine typium”; (c) expressed to the police officers who refrain from doing so; (d) expressed to the police officers, “marine and meat meat”; (e) took a computer monitor used by E with the police officers belonging to the said earth; and (e) went beyond E with the police officers, such as the police officers belonging to the said earth; and (e) took a bath to the police officers from the police officers, such as F, etc. of the said earth, and (e) took the me to the said F’s back to his her son.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal cases.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning F;

1. Application of CCTV photographs and caps-fagic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. Application of the sentencing criteria [Scope of Recommendation] The basic area (six months to one year and six months) of the obstruction of performance of official duties (the obstruction of performance of official duties and coercion of official duties) (the special person who has not been punished);

2. The sentence shall be imposed as ordered in consideration of the defendant's age, character and conduct, etc., except that the defendant who has been sentenced to criminal punishment has committed a contingent crime while he is committed, that he/she has led to a confession of all the crimes and is in depth repent of his/her mistake, that he/she has no authority to prosecute twice as an assault crime, that he/she has not received criminal punishment except that he/she has been punished once