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(영문) 부산지방법원 2016.09.28 2016고단3947

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 27, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. of Drivers) on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Aggravated Punishment, etc.”) was on board the Plaintiff’s face two times with the floor of left hand, on the ground that the victim was on board the C cab operated by the victim B at the early 36 Busan East-dong area, and was going to a criminal elementary school located in 55 U.S., Busan-dong, Busan-dong, Busan-dong, which is a destination.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

2. The Defendant assaulted B as above, and was arrested as a current criminal on the police officer, who received 112 reports prior to the revised elementary school located in Busan Dong-gu, Busan, about 20:58 on the same day, due to the Jinsung-ro 29 on the same day.

At around 21:10 on the same day, the defendant was requested to present identification cards from the Inspector F of the Busan East Police Station E District in Busan East-gu, Busan East-gu, Busan-dong Police Station E District at the end of the police station of the Dong-gu, Busan-do, at one time.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reported duties.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to an investigation report (No. 1 list of evidence), an investigation report (in relation to attachment, etc. of a copy of a cab box image dVD)

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of a driver's assault) and Article 136 (1) of the Criminal Act concerning the crime;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of community service order;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and four months), and there is no special sentencing factor;

(b) Class 2 (Assaults) (Extent of recommendations).