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(영문) 부산지방법원 2020.04.22 2020고단638
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. On February 2, 2020, from around 02:30 to around 03:10, the Defendant: (a) expressed, without any reason, the victim D, an employee of the above convenience store, that he would be able to take the beer; (b) brought the victim into the beer; (c) brought the beer; (c) brought the beer into the beer; (d) brought the beer; (b) brought the beer into the beer; (c) brought the beer into the beer; and (d) opened the beer lids away from the floor; and (d) interfered with the victim’s convenience store business by force for about 40 minutes, such as booming time costs to customers visiting the beer and talking at the beer place; and (e) interfered with the victim’s convenience store business by force.

2. 공무집행방해 피고인은 위 1항 일시 및 장소에서, 112신고를 받고 출동한 부산연제경찰서 E지구대 소속 경위 F, 경장 G로부터 담배 값을 계산하고 귀가하라는 요청을 받자 위 F에게 몸을 들이밀며 손을 들어 때릴 듯이 위협하고, 욕설을 하며 위 F의 가슴을 주먹으로 1회 밀치고, 이를 제지하는 위 G의 왼쪽 다리 정강이 부위를 발로 1회 찼다.

Accordingly, the defendant assaulted F and G, a police officer, and obstructed police officer's legitimate performance of official duties in dealing with the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. Written statements of D;

1. Application of Acts and subordinate statutes to field photographs and related photographs;

1. Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Services Criminal Act;

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

A. First Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties) (Article 1).

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