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(영문) 부산지방법원 2019.06.04 2018고단5023

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. Around September 5, 2018, the Defendant assaulted the victim C, a substitute driver (the age of 61) who was on the front of the E branch office located in Busan Eastdong-gu, with a cellular phone, at around 01:30 on September 5, 2018, the victim C, who was another substitute driver (the age of 61) who was a substitute driver, committed an assault against the victim C, by drinking the victim’s left part of the victim’s body at one time and three times, with the victim’s sleep.

2. In the event that G of the Busan East Police Station F District Unit, who was dispatched to the scene after receiving a report of 112 at the time and place mentioned in paragraph (1), tried to arrest the Defendant as a flagrant offender in the crime of assault, the Defendant expressed a bath to the above G that “this farce body shall math in the body of the farce”, and assaulted the chest at one time with his head at one price and the left part in the drinking part.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers in flagrant offenders.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Application of each police protocol of statement to G, C, B, and H

1. Relevant Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act; Article 260(1) of the Criminal Act; the choice of imprisonment with prison labor;

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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

B. The basic area of the second crime (determination of types of violence) (the determination of types of violence) is that there is no person who has a general assault [the first type] [the special person who has a punishment] [the scope of recommendation and recommendation].