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(영문) 부산지방법원 2014.04.10 2014고단1106

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 14, 2013, at around 22:40, the Defendant obstructed the victim’s task of controlling the victim’s bakeries by force for about 10 minutes, such as: (a) around 22:40 on December 14, 2013, the Defendant: (b) entered the D department where the victim C works in Busan Jin-gu, Busan; (c) changed the width sports in sales as a service; and (d) collected the victim’s drinking in mind; and (c) committing so, he did so; and (d) committed so.

2. The Defendant: (a) requested the guard F, who was a police officer belonging to the Busan Police Station E District Unit, to confirm the instant situation upon receipt of a report at the date, time, and place specified in paragraph (1); (b) sought to put the bread, which was used by “breath police officers, receive money,” into F’s entrance; and (c) assaulted F’s head by having breath, which was used by her hand.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on criminal investigation, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement statute to C and F;

1. Relevant Articles 136(1) and 314(1) of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

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. Probation and community service order under Article 62-2 of the Criminal Act;