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(영문) 부산지방법원 2015.02.09 2014고단9777
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 November 23, 2014, the Defendant: (a) around 22:20 on November 23, 2014, up to 3 occasions of the Victim C’s Operation “Dnoman bank” located in Busan Seo-gu, Busan Seo-gu; and (b) on the ground that, without any speech, the Defendant had collected 3 tablers, strawers, 1 microscopes, 1, 1, 1, 1, 1, and 1, and half-yearly agreement on the calculation unit, on the ground that the victim was calculated and added to the house without any speech.

As above, the Defendant damaged the property owned by the victim.

2. On November 23, 2014, at the same place as the preceding paragraph, around 22:38, the Defendant: (a) committed assault by the victim F (the age 46) of the victim guard who is a police officer belonging to the Busan Summer Police Station E District (the age 35) who was called upon 112, and the police officer G (the age 35) of the Busan Summer Police Station E District, and the victim F (the age 35) committed an assault by the victim G to keep the victim’s knee and shoulder while checking the details of the report against the Defendant, C, etc.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to C, F, and G;

1. Application of Acts and subordinate statutes to receipts, on-site photographs, and damaged photographic materials;

1. Relevant Article 136(1) of the Criminal Act for the crime, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for a crime;

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] There is no basic area (6-1-1-4 months) of the obstruction of performance of official duties (6-1-4 months) (the decision of sentence] of the defendant, the decision of sentence is against the defendant, the agreement with the victim C, the defendant has no record of being punished for the last 20 years or more, and the defendant has no record of being punished.

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