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(영문) 부산지방법원 동부지원 2015.06.03 2015고단511

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 two years from the date of the final judgment.

Reasons

Punishment of the crime

On March 28, 2015, around 00:37, the Defendant, at the request of the Busan Southern Police Station D District, located in Suwon-gu, Busan, Busan, and at the request of the taxi engineer E, opened the back door of the above taxi that the Defendant was on the Defendant, “hicker,” and “hicker, hicker, hicker. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h.) and obstructed police officers’ legitimate performance of duties in relation to the prevention, suppression, and investigation of crimes by assaulting G face of the police officer who belongs to

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements of E, F and G;

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

1. Article 62 (1) of the Criminal Act (i.e., reflective facts of the suspension of execution);

1. The portion of rejection of prosecution under Article 62-2 of the Criminal Act (the possibility of re-offending in light of the fact that there are many criminal records of the same kind of crime);

1. On March 28, 2015, the Defendant, while under the influence of alcohol on March 28, 2015, was on the part of the victim E (year 49) in front of the victim’s “I hotel” located in H, Busan, and was on the part of the victim, and the victim said that the victim would not be informed of his/her destination, and the Defendant assaulted the victim at one time on his/her own hand when the victim was on the part of the victim.

2. The above facts charged are crimes falling under Article 260 (1) of the Criminal Act and cannot be prosecuted against the victim's express intent under Article 260 (3) of the Criminal Act. According to the records, since it is apparent that the victim withdraws his/her wish to punish the defendant after the prosecution of this case, this part of the prosecution is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.