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(영문) 부산지방법원 2014.12.15 2014고단8115

공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal record] On March 8, 2004, the defendant was sentenced by the Busan District Court to the suspension of execution of official duties, violation of the Punishment of Violences, etc. Act (at night, in violation of the Act on the Punishment of Violences, etc.), and on May 16, 2006, in the same court on May 16, 200, to the suspension of execution two years of imprisonment with prison labor for the same reason, such as obstruction of performance of official duties, obstruction of performance of duties, injury, etc., eight months of imprisonment with prison labor for the same court on May 20, 208, and April 4, 2013, and completed the execution of the sentence by the Busan Prison on September 18, 2013.

【Criminal Facts】

On September 28, 2014, at around 21:30, the Defendant: (a) reported 112 at the “Ssame Park,” located in the Busan Jindong-gu, Busan, Busan, which was located in the document culture of 6, and called the victim D (50 years of age) who is the circumstances belonging to the Busan, Jindo Police Station C District, in order to speak for the elderly who fights, and (b) expressed the victim’s desire to “dye slick, Chewing,” and (c) expressed the victim’s neck part of the victim’s body with his right arms.

As a result, the defendant interfered with legitimate execution of duties concerning the prevention of crime and the maintenance of order of the victim, and at the same time, the defendant inflicted injury on the victim, such as the climatic sponse and the climatic sponse,

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A medical certificate;

1. Previous convictions in judgment: References to criminal records, investigation reports (reports attached to the previous and previous judgments), investigation reports (reports on confirmation of the expiry date of execution of punishment) and statutes shall apply;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on which the punishment is heavier than that of an injury);

1. Imprisonment with prison labor chosen;

1. The defendant's reason for sentencing Article 35 of the Criminal Act among repeated offenders is against the crime of this case. However, the defendant was sentenced to imprisonment for the same kind of crime.