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(영문) 부산지방법원 2014.10.01 2014고단7031
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 5, 2014, from around 16:20 to 16:50, the Defendant interfered with the business of the Defendant: (a) within the Busan Bank (C branch) located in Geum-gu, Busan; and (b) the victim D, the head of the above bank site store, in order to change the card password, the Defendant interfered with the business of the victim’s banking business by force by force force, by carrying an identification card with the identification card on a defective house that requires the identification card; (c) changing the identification card; and (d) withdrawing cash from the cash withdrawal at the cash withdrawal; and (e) finding the above bank counter as the bank counter.

2. At around 16:50 on the same day, the Defendant: (a) at the Busan Bank (C branch); (b) at around 16:50 on the same day, the Defendant: (c) obstructed the performance of official duties; (d) obstructed the Defendant’s arrest of the Defendant as a flagrant offender on the ground of the charge of interference with the duties by the police officer F, who was in the position of the Geumcheon Police Station E District; (e) taken the withdrawn cash on the floor; and (e) took several times the chests of the police officer; and (e) took a desire to call for personal information within the E district, which was continuously arrested as a flagrant offender; and (e) interfere with the police officer’s legitimate performance of duties concerning the prevention, suppression, and investigation of the police officer’s crime by assaulting the police officer’s left arms with the face of the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to D and F

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Reasons for sentencing of Article 62(1) of the Criminal Act on the suspension of execution [the scope of sentencing guidelines recommended] shall be the obstruction of performance of official duties.

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