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(영문) 부산지방법원 2018.08.16 2017고단6429
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. Around August 31, 2017, the Defendant insultingd the victim by openly insulting the victim by speaking to the victim at the five location, such as the U.S. Won, on the ground that the victim D (n, 51 years of age) said that “the victim changed the number more than 1.5 years of age.”

2. The Defendant, at the time and place set forth in the above 1.1. Claims, on the ground as above, “Islely contracted to the victim.”

I find out the death.

N only is the position.

“In doing so, as to be close to the victim’s face, they assaulted the victim, as they can be seen to be close to the victim’s face.

3. 공무집행 방해 피고인은 위 1. 항 기재 일시, 장소에서 위와 같이 욕설을 하고 폭행을 하던 중 D의 112 신고를 받고 출동한 부산 동래 경찰서 E 지구대 소속 경사 F이 피고인을 모욕죄의 현행 범인으로 체포하려 하자 “야 이 시발 내가 뭘 잘못 했노. 경찰 좆같은 새끼들.” 이라고 욕설을 하면서 손날로 F의 목을 1회 때려 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or F;

1. Application of D’s Acts and subordinate statutes on the complaint;

1. Article 311 of the Criminal Act applicable to the facts constituting an offense (a point of insult, choice of imprisonment), Article 260 (1) of the Criminal Act (a point of assault, choice of imprisonment), and Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties and choice 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 stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Two crimes that fall under subparagraph 1 of the sentencing guidelines (crimes) [the scope of recommendations] are committed in violation of Article 2 of the Act on the Protection, Protection, and Protection, and Protection, and Protection, and Protection, and Protection, and Protection, and Protection, etc., of Specific Crimes (Assaults).

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