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(영문) 부산지방법원 2014.08.13 2014고단4322
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On April 15, 2014, at around 00:10, the Defendant, at the D District D District D located in Busan, voluntarily operated as the Defendant’s friendship E and spawn, and thereafter, took a bath to the above E, and dump dump, the victim, who was the victim, proposed dumping to dump, “this echep.p. dump” means “this echep.p. dump. dump. dump”, fump the victim F’s bump, fump, fump, fump, and fump, fump, fump, and fump, fump, fump, and fump at the above District D District D District D located in Busan, and fump, fump the victim’s face, at the time of assault (57 years old fump).

Accordingly, the defendant assaulted victims who are police officers, thereby hindering police officers from performing their official duties on the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement of each police officer made to F and G;

1. Application of the provisions of Acts and subordinate statutes concerning terrestrial CCTV photographs, victim H photographs, and victim F photographics;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Selection of imprisonment with prison labor chosen;

1. As to the assertion of the Defendant and defense counsel under Article 62(1) of the suspended execution Criminal Act, the Defendant and defense counsel stated that they had no memory under the influence of alcohol at the time of each of the crimes of this case, and thus, they were in the state of mental disorder or mental or physical disability. According to the records, even though they were aware of drinking prior to the crime of this case, they did not have the ability to discern things or make decisions.

The above assertion cannot be accepted as it seems to be in a state or weak condition.

Reasons for sentencing

1. The sentencing criteria [Scope of Recommendation] The basic area (six months to one year and four months) of the obstruction of performance of official duties shall be the category 1 (the obstruction of performance of official duties and the coercion of official duties).

2. Determination of sentence:

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