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(영문) 부산지방법원 동부지원 2016.09.08 2016고단1178

공무집행방해

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

On July 11, 2016, at around 01:40, the Defendant: (a) expressed the Defendant’s house located in Busan Shipping Daegu B Apartment 105 Dong 1519, on the ground that he was demanded by D to lower sound of music on the part of the police box belonging to the Busan Shipping Police Station C commander of the Busan Shipping Station, who was called by the Defendant after receiving the Defendant’s report of 112 on the Defendant’s house; (b) expressed the Defendant’s desire to the said D to read “Chewing, sucking, sucking, yeast, yeast, yeast, etc.”; and (c) assaulted D with D’s face, frighting it, and sealed D with his hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant acknowledges the crime of this case and repents his mistake);

1. Social service order under Article 62-2 of the Criminal Act;