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(영문) 부산지방법원 2016.01.13 2015고단7247

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around October 17, 2015, the Defendant assaulted the victim C (as 52 years of age) by putting the victim’s shoulder on his/her hand on the ground that he/she is bad in 00:04 in front of the Busan Youngdo-gu B, Busan, that he/she would be bad. As such, the Defendant assaulted the victim’s shoulder by her hand.

2. Interference with performing public duties;

A. The Defendant interfered with the performance of official duties against D by police officers: (a) upon receiving 112 reports that C was assaulted at the time and place specified in the above Paragraph 1; and (b) the circumstances surrounding the Busan Young-do Police Station that served as the Busan Young-do Police Station that served as a police station that served as a public bath against C; and (c) whether the Defendant was fluored and fluored with the Defendant who served as a public bath for C.

Recognizing that “A knee D’s knee,” assaulted D’s knee.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of report by the police officer.

B. On October 17, 2015, around 00:45, the Defendant obstructed the performance of official duties of the Inspector E, who was arrested and taken custody of the Defendant as a flagrant offender due to the crime under paragraphs 1 and 2-A of the above paragraphs in the G District located in the Busan Young-gu, Busan, the Defendant assaulted the Defendant by hand at one time in order to file a petition against the Defendant who expressed his desire by E in the circumstances belonging to the Busan Young-do police station.

Accordingly, the above defendant interfered with legitimate execution of duties concerning criminal investigations by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, H, D, and E;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment for each crime;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of the recommended sentence;

(a) Crimes No. 1 (Crime of Violence): From February to October (Crime of Violence)

B. Second Crimes (Interference with Execution of Official Duties): from June to April 1.