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(영문) 부산지방법원 2014.11.20 2014고단7726
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 23:40, 2014, the Defendant: (a) reported that the Defendant assaulted women on the road in front of the Dju shop located in Busan Western District C; and (b) took place on the 112-round September 23:40, 201, on the ground that the head of the police station E District in the Busan Western Police Station E District, the Defendant: (c) took a bath to the Defendant who emblings the main customers, and obstructed F’s legitimate execution of duties concerning the prevention of crimes and the maintenance of order by assaulting the parts of F with drinking 2 times, thereby obstructing F’s legitimate execution of duties concerning the prevention of crimes and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of the CCTV image photograph Acts and subordinate statutes;

1. The reason for sentencing of Article 136(1) of the relevant Article of the Criminal Act (the point of obstruction of performance of official duties) on the criminal facts is that the Defendant again committed the instant crime in light of the fact that: (a) on May 13, 1997, the Busan District Court sentenced the Defendant to a two-year period of suspension of execution; (b) on June 16, 201, the said court received a summary order of KRW 3 million as an offense of obstruction of official duties; and (c) on October 2, 2013, the same court received a summary order of KRW 4 million as an offense of obstruction of official duties; and (d) on October 2, 2013, the Defendant again committed the instant crime,

The defendant shall be sentenced to imprisonment.

In addition, considering the above circumstances, the punishment as ordered shall be determined by taking into account the factors of sentencing prescribed in Article 51 of the Criminal Act.

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