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(영문) 부산지방법원 동부지원 2017.01.18 2016고단2335
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 November 11, 2016, the Defendant made a public performance with obscene act by exposing panty to other unspecified people in front of the D convenience stores located in Busan Shipping Daegu C, by exposing the panty and panty in the presence of many women, such as large number of women who passed the crosswalks.

2. Around 16:10 on the same day, the Defendant was arrested as a current offender of obscene obscenity in the Busan Coast Guard E District in the Busan Coast Guard, Busan Coast Guard E District, and was waiting for investigation.

The Defendant, who reported the police officers working in the place, was sleeped from the slick F (47) affiliated with the said global belt, and sleeped the above police officers, such as sbucking down the slacks on their slacks, slacks on their spacks, spacks on their spacks, and spacks on their heads of slope G (29 years old) affiliated with the said global belt.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A statement prepared by H;

1. Application of the Acts and subordinate statutes attached to two CDs, such as investigation reports, field photographs, etc., investigation reports (Attachment to a photograph of a suspect’s obscenity obscenity page), investigation reports (limited to attachment to CD images), and

1. Article 245 of the Criminal Act applicable to the facts constituting an offense (a point of obscenity) and Article 136 (1) of the Criminal Act (a point of interference with the performance of official duties);

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

1. Selection of imprisonment with prison labor chosen;

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 (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The instant crime on the grounds of sentencing under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to attend a lecture or community service order, and Article 62-2 of the Criminal Act is an obscene act on the street, and thereby, the act of spitation, etc. against the police officers even after being arrested as a flagrant offender.

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