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(영문) 부산지방법원 2015.01.19 2013고단1065

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Around 06:00 on February 7, 2013, the Defendant assaulted the victim by taking care of the victim’s franchising, i.e., the victim’s franchising, i.e., the victim’s franchising, i.e., the victim’s franchising, and franchising the victim’s franchising, i.e., the franchising of the victim’s franchising, i.e., the Defendant’s franchising of the operation of D in Busan-gu, Busan-gu.

2. At around 06:20 on the same day as the preceding paragraph, the Defendant: (a) confirmed the circumstances leading up to a report by a policeman, who was a police official belonging to the Busan Urban Police Station G District G District, called the Defendant who was in assault as above; and (b) tried to arrest the Defendant who was in a flagrant offender with a failure to wear the Defendant at the same time after checking the circumstances leading up to the report; (c) carried the Defendant’s chest on both hand while taking a bath to the above H; and (d) carried the said H’s gun on his her son’s knife with a knife with a knife, and prevented the Defendant from carrying the knife with a gun on his knife; and (d) obstructed the Defendant’s lawful performance of duties concerning the maintenance of order and the arrest of the flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F, H, and D;

1. Relevant Article 260(1) 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, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the state of confession and health is not good, currently being treated, and currently being treated in the future);