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(영문) 부산지방법원 2015.11.04 2015고단5623

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 18:40 on June 15, 2015, the Defendant insultd the victim publicly by publicly expressing the following sound: “The victim E, the chief engineer of the Busan Jin-gu Police Station D District, who was in the position of the Busan Jin-gu Police Station, after receiving a report that the Defendant did not pay the drinking value, shall ask the Defendant whether the Defendant would pay the drinking value after making a report to F, the main business owner of the D District of the Busan Jin-gu Police Station D, the Busan Jin-gu Police Station, who was in the position of the said F and the main customer’s hearing.”

2. The Defendant was arrested as a flagrant offender due to the suspicion of fraud and insult at the time and place mentioned in paragraph (1) and obstructed the police officer’s legitimate execution of duties concerning the prevention of crime and the maintenance of order in order to take the face of the above E in one time from the patrol vehicle and the D area.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes to investigation reports (Evidence Nos. 3 and 6);

1. Article 136 (1) and Article 311 of the Criminal Act applicable to the crimes and Articles 136 (1) and 311 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing guidelines (the crime of obstruction of the performance of official duties) (the sentencing guidelines) [the punishment of the obstruction of the performance of official duties] (the punishment of the obstruction of the performance of official duties), the first category (the coercion of the performance of official duties), the basic area (the punishment of the special person] from June to April;

2. Multiple offenses: Six months to six years; and

3. Determination of sentence: Determination of sentence shall be made by comprehensively taking into account the fact that the content of the instant crime does not have the same criminal record and has no criminal record of punishment exceeding the recent twenty years, and the age, character and conduct, environment, etc. of the accused;