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(영문) 부산지방법원 서부지원 2019.08.14 2019고단593
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

On December 18, 2018, around 19:16, 2018, the Defendant: (a) demanded that the proprietor enter the road in front of the Busan Western-gu B, “I am on the road,” and “I am scam, scam, scambling, scam, and scambling the said D’s chest, which demanded personal information by hand, carried out a bath, and scaming the scam of the said E’s chest in his hand, and was scambling, scam, scam, and scam.

Accordingly, the above D and E attempted to suppress the Defendant to arrest the Defendant in the act of committing the crime of obstruction of performance of official duties, and the Defendant committed assault, such as kneeing and kneeing the above E’s shot, etc., and committed an assault to the said E, which requires approximately two weeks of medical treatment.

As a result, the Defendant assaulted police officers in charge of the prevention, suppression, and investigation of crimes, thereby obstructing the performance of official duties and inflicting bodily injury upon E at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning E, D, F, and G;

1. Investigation report (13 pages for investigation records), investigation report (78 pages for investigation records);

1. Application of statutes on photographs related to the obstruction of performance of official duties;

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for the most severe crime of bodily injury);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances among the reasons for sentencing) is that, in order to establish the legal order of the State and to eradicate the light of public authority, it is necessary that the strict force on the crime of obstruction of performance of official duties is necessary, the degree of exercise of the accused’s tangible power is considerable, and that there is no good circumstance after the Defendant’s criminal act was committed.

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