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(영문) 부산지방법원 2014.08.27 2014고단5204

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 22:30 on April 1, 2014, the Defendant: (a) on the ground that the Defendant did not pay the taxi expenses within the Busan Jin-gu Busan City Police Station C zone; and (b) on the police officer’s patrol vehicle in the Busan Jin-gu, Busan, which was reported on 112 and went to the said C zone; and (c) on the ground that the background D and slope E belonging to the said C zone would ask the Defendant about personal information, etc. of the Defendant, the Defendant interfered with the legitimate performance of duties concerning the crime prevention and criminal investigation of the crime of the above D and E by carrying about approximately 10 minutes of the 10-minute ambb and the above E system, by carrying out the above D and E system, with the Defendant’s hand, carried the Defendant’s d and E system, and carried out the Defendant’s personal information.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, E, and D;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] There is no basic area (6 months to one year and four months) of the obstruction of performance of official duties (the special person who has been sentenced] [decision of sentence] The defendant shows an attitude of misleading and opposing the defendant, and there are no criminal records exceeding the same kind and fine.