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(영문) 부산지방법원 동부지원 2016.03.09 2015고단1571

공무집행방해등

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. Around 12:00 on August 20, 2015, the Defendant obstructed the victim’s convenience store business by force over about 10 minutes, including: (a) the victim E, the owner of the business, who spits, spits money into the store and spit money on the floor in the state of drinking; and (b) the victim E, the owner of the business, did not comply with the request and continued taking a bath, thereby obstructing the victim’s convenience store business by force.

2. The Defendant, at the above time and place, recommended the Defendant to stop and return home to the Defendant, a police officer, who belongs to the Busan Southern Police Station F District Police Station, who was called upon 112 report due to the above acts by the Defendant, at the above time, at the above time and place, and recommended the Defendant to stop and return home to the Defendant. The Defendant expressed that “I wishing to die with the police officer without going to go under the 112 patrol level, and obstructed the Defendant’s legitimate performance of duties concerning the handling of the reported case by assaulting the police officer’s 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement with respect to G;

1. Application of Acts and subordinate statutes of E;

1. Article 314 (1) and Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that the crime is not heavily committed, the fact that the crime is not committed, the fact that the crime is recognized and the crime is divided, etc.);