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(영문) 부산지방법원 2016.10.20 2016고단4707
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 June 7, 2016, at around 00:13, the Defendant assaulted the victim on three occasions on the face, using a cab operated by the victim C (the age of 62) on the ground that, after having arrived at the 3rd apartment located in the 76-ro in the name of the gold-gu Busan, the Defendant laid down a string card in order to pay the taxi fee, but the victim did not pay another card. However, the victim expressed a change in another card.

2. At around 00:30 on the same day, the Defendant: (a) obstructed the performance of official duties of the said police official by assaulting the E- 112 report, a police official belonging to the Busan Geum-gu Police Station D District District Police Station, and committing assaulting the F’s left side buckbuckbbbbbbbbs, etc., leading the Defendant to the Defendant, thereby interfering with the performance of duties of the said police official regarding the handling of reports by assaulting the E 112, who was a police official belonging to the Busan Geum-gu Police Station D District Police Station; and (b) doing so.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, F, and E;

1. Statement of opinion;

1. Application of photographs, CD-related Acts and subordinate statutes;

1. Relevant Article 260(1) of the Criminal Act; Article 260(1) of the Criminal Act; Article 136(1) of the Criminal Act; the choice of imprisonment with prison labor;

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

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

1. The reasons for sentencing of Article 62-2 of the Social Service Order Act: the scope of final sentencing due to the aggravated multiple crimes (Article 1, 6, and 7) where the degree of assault is minor (Article 62-2) and the extent of assault is minor (Article 1, 6, and 7). The scope of punishment is from June to August, 1, 200.

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