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(영문) 부산지방법원 동부지원 2015.01.21 2014고단2178
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

On October 5, 2014, around 04:55, the Defendant reported to the police by leaving the door room in the funeral hall of the “E Hospital” in Suwon-gu, Busan, to the third place of the funeral hall of the company-friendly job offering F, while drinking together with workplace rent, etc. at the same place.

As the police officers, etc. belonging to the Busan Southern Police Station G District of the Busan Southern Police Station use them to return home to the defendant who was frighting frighting, the defendant was set up within a six-lane road from the funeral hall in front of the above funeral hall to go back, and the defendant took a bath to "Chewing frighting, dead," and the above H et al. went out of two new frighting vehicles reported by him, and went out of the road, and went out of the road.

그후 피고인은 위 H에게 ‘니기미 씹할 놈아, 야이 짭새 새끼야, 니가 뭔데 날 막노, 야이 씹할 놈들아’라고 욕설을 하면서, 양손으로 위 H의 멱살을 잡고 흔들면서, 발로 낭심 부위를 걷어차는 등 폭행하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to H

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Considering the fact that the Defendant repeatedly committed the instant crime even though he/she had a previous conviction in several times of sentencing under Article 62-2 of the Social Service Order Act, strict punishment against the Defendant is necessary.

However, the fact that the defendant has a depth of his mistake, that the defendant has no criminal record exceeding the fine, and that the defendant has been sentenced to the suspended sentence of imprisonment.

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