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(영문) 부산지방법원 2016.08.10 2016고단1563

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten 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

"2016 Highest 1563"

1. On March 12, 2016, at around 23:10 on March 12, 2016, the Defendant damaged property: (a) was in an influence relationship with the victim C, operated by the victim C, who had an in-fluence relationship

E At the time of singinging beer’s disease, which was on the wall of the victim, was collected in the glass on the wall, and damaged the market-free glass.

2. On the same day, the Defendant: (a) expressed that he was asked from the slope G belonging to the Busan National Police Station F District District of the Busan National Police Station to question about the suspicion of assault as referred to in the above paragraph (2) on the same day as the above paragraph (1) and 23:25; and (b) expressed that he was able to ask him questions about the suspicion of assault as referred to in the above paragraph (2), and used him as a drinking sprink on one occasion, with his hair face and sprink on one occasion; and (c) assaulted him.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

around 00:10 on May 12, 2016, the Defendant, at the 1st floor entrance located in the Busan Suwon-gu, demanded the victim J (33 tax) (employee) to cut TV, and made an assault to the victim, such as “grings, chewings, snicks, snicks, snicks, etc.,” and assaulting the victim to take approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect to K and J;

1. Statement by the police in relation to C and G;

1. E statements;

1. Photographs or damaged photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 257 (1) of the Criminal Act (the point of harm), and the choice of imprisonment with prison labor;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act [the scope of recommendation and sentence] of the suspended sentence: Destruction of property: Reduction of Class 1 (Destruction of Property, etc.) (-6) and interference with the execution of official duties: Interference with the execution of official duties;