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(영문) 부산지방법원 2016.01.20 2015고단5956

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 4, 2015, at around 21:47, the Defendant: (a) committed assault by the Defendant on the part of the Defendant at a middle school located adjacent to the port of the Busan, Suwon-gu, Busan, under the report of 112, which was sent to the scene after having received the report of 112 report by C; (b) the police box belonging to the Busan, which was sent to the scene, resisting the Defendant’s arms to arrest the Defendant in the act of committing an act of committing an offense; (c) the faces the face of the above E one time, flusing the bridge of the above E, flusing it over the floor, cutting the bridge of the above E, cutting it back to the floor and cutting it out; and (d) interfere with the legitimate execution of duties concerning the arrest and taking of the Defendant in the act of committing an act of committing an act of committing an offense.

2. On August 4, 2015, at around 21:50 on August 4, 2015, the Defendant publicly insultingd the victims by referring the victim E, the police officer of the I era, to “a bitch bitch bitch bitch bitch, bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch xch bitch xch xch bitch xch xch xch xch xch m.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C, G, and E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 311 of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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 crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure is that the defendant assaults and insults a police officer as above, and the nature of such crime is not weak.

However, in light of all the circumstances, such as the fact that the accused is against the punishment, the fact that there is no criminal record exceeding the fine, and the age, health, sex behavior, environment, motive and circumstance of the crime, and the circumstances after the crime, the punishment as set forth in the text shall be determined.