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(영문) 부산지방법원 2018.07.11 2018고단2009
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On April 11, 2018, the Defendant obstructed the performance of official duties, and around 205, up to 00:20,000,000 Busan-do, Busan-do, Busan-do, 53, 125, and around 205, the Defendant: (a) heard the horses of taxi engineers, heard their horses, and removed them; and (b) took c’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son on the ground that C

As a result, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 reporting management.

2. On April 11, 2018, around 00:35, the Defendant: (a) was arrested as a flagrant offender due to the assault against paragraph (1) and taxi drivers in the B District located in Busan-gu, Busan-do; and (b) was transferred to the District, the Defendant interested out one copy of a glass hold equivalent to KRW 100,000 in the market price in the B-gu, Busan-do, and broken down.

Accordingly, the Defendant damaged the goods used by public offices.

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 with respect to E, C, and F;

1. Application of Acts and subordinate statutes to a investigation report (including submission of a written estimate for damage);

1. Relevant Article 136 of the Criminal Act and Articles 136 (1) and 141 (1) of the Criminal Act concerning the selection of criminal facts;

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 suspended execution;

1. The first crime for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order [the scope of recommended punishment], the first type of crime [the scope of interference with the performance of official duties and coercion of duties] in the mitigation area (one month to eight months] [the person who is specially mitigated] in the case where the degree of violence, intimidation, deceptive scheme, or interference with official duties is minor, the second crime [the scope of recommended punishment] in the mitigation area (one month to eight months) in the mitigation area (the effect of public goods] in case where the value of the invalidated or destroyed goods is minor, the final sentencing scope according to the increase of multiple crimes:

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