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(영문) 부산지방법원 2016.04.21 2016고단198
공무집행방해등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. The Defendant’s insult of the Victim B on December 13, 2015, at the D restaurant operated by the Victim B located in Busan East-gu, Busan-gu, the victim requesting the payment of food to the victim, among many customers and police officers, is not money.

C. C. R. L. L. L. L. L. L.W.C.

The victims were openly insultingd by speaking as the "Chosa" at a large interest rate.

2. The Defendant’s insult against the Victim E, on December 13, 2015, recommended from G District District located in the Busan Eastdong-gu, Busan, to pay the victim’s slope E food value from the victim’s slope E at around 01:40 on December 13, 2015, and the victim’s “if the victim is punished by a fine, the death shall be discarded.”

The victim openly insultingd the victim by referring to this dog, Chewing.”

3. Around December 13, 2015, the Defendant obstructed the performance of official duties by taking advantage of the words H from the developments H working in the G District while leaving a disturbance at the place of the said paragraph 2 above, and assaulted the left face of the said H, i.e., the Defendant h., who heard the horses that he would be seated.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to B, E, and H;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively, for the crime;

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

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Observation, etc. of Protection [the scope of recommending punishment] [the scope of punishment] shall interfere with the performance of official duties. The basic area (the sentencing guidelines are not set for the crime of obstruction of performance of official duties and coercion of duties] (the sentencing guidelines are not set for June 1 to April, and the crime of insult) / [the decision of sentencing] the defendant needs to be strictly punished in light of the background and content of the instant crime.

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