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(영문) 부산지방법원 동부지원 2013.10.23 2013고단2452
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 13, 2013, at around 04:00, the Defendant: (a) reported by the convenience store owner in front of the C convenience store located in Suwon-gu, Busan, to a minor, and sent out to the site by E, etc., the circumstances belonging to the D District District of the Southern Police Station, the victim, but the purchaser of tobacco from the victim was not a minor; (b) sought an explanation from the victim that the purchaser of tobacco was not a minor; and (c) he saw the victim’s own vision to the head of the Dong-gu, the 2, and three persons dispatched to the above Dong-gu, the victim met it; and (d) he saw the victim’s own name to the 2, and the victim was able to walk it, and then the victim publicly insulting the victim by speaking the victim with the large sound called “Ig, Chewing, and this ring,” the victim.

2. At around 04:47 the same day, the Defendant obstructed the Defendant’s legitimate execution of duties in relation to the work in the instant H, a police official, by assaulting the victim’s face into the victim’s face, on the ground that: (a) the victim, who was arrested in a flagrant offender and waiting for the crime of insult as described in the foregoing paragraph (1), was able to use water purifiers stored at a multiple-time floor and then throw away a single-time pup cup into the victim’s slope H (47 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to E and H;

1. Relevant Articles 136(1) and 311 of the Criminal Act concerning criminal facts and the choice of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act has no previous conviction heavier than a fine to the accused, and taking into account

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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