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(영문) 부산지방법원 서부지원 2019.06.04 2018고단2357

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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. Around 00:15 on October 13, 2018, the Defendant publicly insultingd the victim by stating that “the victim’s “this farb farb farb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb,” on the part of the Defendant who was asked by the victim D, the police officer, about the unfarb kb kb kb kb.”

2. On October 13, 2018, the Defendant in the obstruction of performance of official duties: (a) around 00:19, at C Zone C District; (b) around 00:19, the Defendant: (c) at the slope D’s left hand to be notified of the criminal facts that the Defendant left in the taxi for E-driving; (d) 1 time, kidd the D’s boom and sexual part with the left hand; and (e) continued to flick the bat of the D’s head with the left hand; and (e) obstructed the police officer’s legitimate performance of duties concerning the control of the crime.

3. The Defendant causing property damage, at the same time and place as that of paragraph 2, displayed the Defendant who is suffering from disturbance, such as that of paragraph 2, out of the earth, and then laid the entrance above the locked entrance, which was set up in front of the locker entrance, destroyed by cutting off one of the studs on the floor at the market price managed by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Each investigation report (with respect to the attachment of photographs of damaged articles, the case of attaching copies of a notice of payment of penalties for minor crimes, the case of attaching photographs of global CCTV images, and the case of attaching criminal images) shall be subject to the application of statutes;

1. Relevant Article 311 of the Criminal Act, the choice of punishment for the crime, Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period from one month to seven years and six months;