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(영문) 부산지방법원 2014.12.17 2014고단7198

공무집행방해등

Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 3, 2014, at around 23:20, the Defendant, on the ground that the victim slopeF belonging to the Busan City Police Station Edistrict of the Busan Police Station, sent out after receiving a report that there was a person drinking alcohol on the street in front of a restaurant located in the Busan Young-gu, Busan and on the street, and the victim slopeF belonging to the Busan Police Station Edistrict of the Busan Police Station, was broken the Defendant, and made a public insult of the victim on the ground that he was 112 reporters and justs in the victim, “I am superior to the night, if I am sar from the road, or if I am sar, if I do not do so so so so that I can see it easily.”

2. The Defendant engaged in obstruction of the performance of official duties at the above date, time, place, and so on, once and at the same time and place as above, followed by hand the above F’s cream with his hand, and when the above F’s remaining scam to the Defendant, the Defendant, by hand, obstructed the above F’s legitimate execution of duties concerning the prevention of crimes and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to an investigation report (to hear statements by a complainant);

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is insignificant in the mitigation area (person subject to special mitigation) (one month to eight months) of the obstruction of performance of official duties, the scope of modified recommendation [the scope of modified recommendation] for not less than one month (at least one month (at least the sentencing criteria are concurrent crimes with the offense of insult that are not subject to the application of the sentencing criteria, compliance with the minimum limit of the sentencing range for the offense of

2. A relatively more favorable condition such as the fact that there is no criminal record of the same kind of imprisonment or of the suspension of execution of imprisonment with prison labor or any heavier punishment; and