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(영문) 부산지방법원 2014.09.25 2014고단6414
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 July 19, 2014, the Defendant insultingd the victim E, a police officer belonging to the Busan East Police Station D Zone D District, who was called by the Defendant after receiving a report from the neighboring residents, that the Defendant and his/her conduct would slickly slick, in front of the “C” located in the Busan Eastdong-gu, Busan. On July 19, 2014, the Defendant sexually insultingd the victim by openly insulting the Defendant by “the victim E, a police officer belonging to the Busan East Police Station D Zone D District, who was called “packer, slick, slick, slick, slick, and so on.”

2. The Defendant assaulted the police officer F of the above police officer in walking at one time, on the ground that the police officer F of the Busan East Police Station D District D Zone D of the Busan Police Station was able to take a bath, such as Paragraph 1, at the same time and place as Paragraph 1 of this Article.

Accordingly, the defendant interfered with the legitimate performance of official duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

1. Relevant Articles 136(1) and 311 of the Criminal Act and imprisonment, respectively, with prison labor, for the sake of relevant Articles of the Criminal Act and the choice of punishment;

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 (Considering the following favorable sentencing grounds):

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The case where the degree of violence is insignificant in the mitigated area (one to eight months) of the obstruction of performance of official duties (one to one month) [Special Mitigation] [Pronouncement Decision], eight months of imprisonment, two years of the suspension of execution (one to two years of the suspension of execution (one to two years of the suspension of official duties) or more, is decided as above.

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