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(영문) 부산지방법원 2018.02.07 2017고단6190

공무집행방해등

Text

A defendant shall be punished by imprisonment for six 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. On July 28, 2017, the Defendant was unable to avoid disturbance, such as: (a) in the 2nd customer center office of the C subway station located in Yangsan City B, and the subway service personnel taken measures for returning home by shouldering himself; and (b) in the case of the victim D, who is the cause of the service belonging to the Busan Urban Transportation Corporation, e.g., “Y Y Y Y YE, Mazoo,” and (c) damage beyond the market price of 50,000 won on the office’s book, due to the damage of the telephone amounting to KRW 50,000,000,000,000 won.

Accordingly, the Defendant interfered with the subway station business of the victim by force.

2. The Defendant interfered with the performance of official duties and the injured person received 112 reports that she was accompanied by the her fescence and the fescence of the Defendant, at the above time, at the above time, and at the same place, and received a restraint on the act of disturbance from the Fescman and one other, the police officer of the Gyeongnam-nam Police Station Escence Station Escence at the place where the Defendant continued to her fescence, such as “the fescence, the fescence,” and the police officer, and did not put the victim’s left armscence as soon as the fescence of the fescence of the fescence.

As a result, the Defendant assaulted the victim who is a police officer and interfered with the legitimate execution of duties concerning the handling of 112 reported cases, and at the same time, the Defendant inflicted injury on the victim such as the impairment of the head part that requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A medical certificate;

1. Application of the Acts and subordinate statutes concerning a CD image closure;

1. Article 314 (1) of the Criminal Act (the point of interference with business), Article 257 (1) of the Criminal Act (the point of injury) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to crimes of injury and interference with the execution of official duties);

1. Selection of each sentence of imprisonment;

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. The sentencing of Article 62(1) of the Criminal Act is based on suspended execution.