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(영문) 부산지방법원 2015.06.01 2015고단2260
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 6, 2015, the Defendant: (a) around 21:20, around 21:20, on the street in front of the “Yasan Memorial Hall” located in Jung-gu, Busan, 3, 10-2, and on the street in front of the “Yasan Memorial Hall” located in Jung-gu, Busan; and (b) on the police officer boarding and patroling a police patrol vehicle, the Defendant told the police officer “Yaea

Accordingly, the Defendant asked the victim, who was on the driver’s seat of the above vehicle, that “I will see why????????? The Defendant publicly insulting the victim by publicly insulting the victim by citing that “I will see why I am on the vehicle, E slope, and 7-8 persons driving on the vehicle. I am me to see that I am on the match. I am you will see. I will see that I am on the left. I will not be subject to a fine. I will not be subject to a fine.”

2. On April 6, 2015, the Defendant: (a) arrested a flagrant offender due to the above insult; and (b) transferred the case to the G District Investigation Team located in Busan Jung-gu, Busan on April 21, 2015; and (c) thereafter, the Defendant obstructed the police officer’s legitimate performance of duties regarding the investigation by assaulting the left part of the E slope by walking one time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 311 of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of insult, the choice of imprisonment), as to the obstruction of performance of official duties and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The scope of sentence compared with the punishment that has no basic area (6-1-4 months) (6-1-4 months) of the obstruction of performance of official duties and the recommended range of sentence: 6-1 year and four months (decision of sentence] without any special reason; 6-1 year and one year (decision of sentence), insult police officers to interfere with the performance of official duties, and the defendant has past records of the obstruction of official duties.

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