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(영문) 부산지방법원 2015.09.23 2015고단4673

공무집행방해등

Text

A defendant shall be punished by imprisonment for 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. At around 00:50 on May 23, 2015, the Defendant publicly insultingd the victim by referring the victim D, who is the victim of the instant singing room business, to “at least once the victim D, who is the victim of the said singing room, takes part in the shock shock of one room”, while the employees, customers, etc., who are employed at the main place of the defect, and the victim, for about 20 minutes, were able to sprink the victim for 20 minutes.

2. The Defendant damaged 30,000 won or more of the market price of the victimD owned at the time, place, and place described in paragraph (1) where 112 was reported and sent to the site on the same ground as stated in paragraph (1) was expressed that the slope F, who was affiliated with the Busan Western Police Station E District, intended to listen to the Defendant’s statement, was able to listen to the Defendant’s statement, and that he was able to read the table “I am sawd or saw.”

3. 공무집행방해 피고인은 제1항 기재 일시, 장소에서 부산 사하경찰서 E지구대 소속 경사 F가 피고인을 재물손괴죄의 현행범으로 체포하려고 하자 이에 대항하여 손으로 F의 멱살을 잡아 흔들고, 발로 F의 왼쪽 허벅지를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and G;

1. Guide president, photographs of damaged parts, and photographs of the scene of crime;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 136 (1), 366 and 311 of the Criminal Act which choose the penalty;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The sentencing guidelines (as to the crime of obstruction of the performance of official duties, which is a basic crime), [decision of the type] the obstruction of the performance of official duties, the first category of obstruction of the performance of official duties (the coercion of official duties), and the basic area (special person).