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(영문) 부산지방법원 서부지원 2021.01.15 2020고단898
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"200 Highest 898"

1. On March 26, 2020, at around 13:15, the Defendant assaulted the police officer E at once, on the ground that the police officer E, who belongs to the above district, did not have a mind about the performance of duties regarding the case of assault between others that occurred in the D apartment complex located in Busan Seo-gu B, Busan, which is located in the same day at the Busan Seo-gu, Busan, and the defendant's residence on the same day.

As a result, the Defendant interfered with the police officer's legitimate performance of official duties concerning the handling of reported cases and the investigation of crimes.

【2020 Highest 2242】

2. On August 20, 2020, on the ground that the Defendant was sleeped by D apartment F from D apartment F located in Busan Y, which is located in Busan Y, the Defendant damaged the Defendant’s wall by spreading the wall by drinking it at the market price, which is the owner of Busan Y,.

Summary of Evidence

Defendant’s partial statement of 2020 Highest 898, referring to the Defendant’s legal statement

1. Each legal statement of witness E and G;

1. Application of the Acts and subordinate statutes to the written statements and photographs of the defendant in the court, 2020 order 2242" shall apply to the investigation report and the 112 list of the cases reported;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

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 stay of execution (see, e.g., conditions favorable to the following grounds for sentencing):

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture has a record of being investigated by the defendant for the recent suspicion of assault (Provided, That it was subject to a disposition not to prosecute due to the victim's expression of intention not to prosecute), and even after being sentenced to a fine for the crime of injury after the sentence, each of the following crimes is going back. In particular, the criminal acts listed in Article 62-2 of the Criminal Code are committed during the criminal procedure related to the criminal acts listed in Article 1 of the Criminal Code

The defendant had been absent on the sentencing date without justifiable grounds.

(b).

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