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(영문) 부산지방법원 2016.05.26 2015고단8636

공무집행방해

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 11, 2015, the Defendant: (a) around 20:10, the Defendant tried to take a patrol lane in order to handle the problem of the time of mutual fees by E, a police officer belonging to the Busan Geum-gu Police Station D District, who patroled at the same place as a taxi article and fare at the Si road in Geum-gu, Busan.

However, the Defendant: (a) expressed that police officers handled the taxi driver’s talk only in their talks, and (b) expressed that “I will see this sweaks and the North west as soon as swe swe see”; (c) would not operate a patrol vehicle for about 10 minutes by placing the body into the lower part of the patrol vehicle; and (d) said police officers sent the Defendant from the patrol vehicle to the lower part of the patrol vehicle for the safety of the safety of the police officers, and obstructed the police officers’ legitimate performance of duties concerning police officers’ maintenance of order by taking advantage of the said police officers’ desire to read “I see, I see, I see, I see, I am, I am, I am, I am, I am, I am, I am, and walk I am on once, I am.”

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

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

1. Application of the Acts and subordinate statutes to a criminal investigation report (on-site situations and the victim's wife);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1));

1. The community service order under Article 62-2 of the Criminal Act;