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(영문) 부산지방법원 2016.05.26 2016고단1110
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On February 24, 2016, the Defendant: (a) 22:20 on the 387 East Police Station in front of the Busan East East Police Station (hereinafter “Seoul East Police Station”); (b) Then, the Defendant was boarding a taxi on the front of the 387 East Police Station located in the 387 East Police Station; and (c) her own child park for children of the elementary Eup, the purpose of which is to be called “a ra on the ra on the ra on the ra on the ra on the ra on the ra on the ra on the ra on the ra on the ra on the ra on the ra on the ra on the ra on the ra on the naon; and (d) the Defendant was asked to read “the ra on the ra on the ra on the ra on the ra on the Ka on the Ka on the Ka on the Ka on the Ka

In other words, after getting aboard a taxi, the victim stated that “the fluent fe” and “the flue farb far farb farb.” and acted as if he would threaten the body of the victim, and interfere with the victim’s taxi business for about 10 minutes.

2. On February 24, 2016, at around 22:30, the Defendant: (a) arrested a flagrant offender under suspicion of interference with the foregoing duties in front of the said C District; and (b) took the Defendant into the C District; (c) putting the Defendant at the seat of the C District; and (d) assaulted the police officers who belong to the said District on the left left part of D on one occasion due to a sudden fall.

Accordingly, the defendant interfered with the police officer's legitimate performance of duties concerning the prevention and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B or D;

1. Application of Acts and subordinate statutes to CCTV images extraction photographs;

1. Relevant Article 314 of the Criminal Act, Articles 314(1) and 136(1) of the Criminal Act, and the choice of imprisonment for a 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., Supreme Court Decision 201Da1448, Apr. 1, 201

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