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(영문) 부산지방법원 2014.10.16 2014고단4214
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 April 11, 2014, at around 03:30 on April 11, 201, the Defendant: (a) intending to escape a baby while drinking alcohol at the Defendant’s house located in Busan Shodong-gu; (b) intending to escape a baby; and (c) she was slicking the victim’s head knife by hand on the ground that the victim D (the 25 years old) who is his wife “at her outside” was “lick; and (d) her knife knife the victim’s head knife on the part of the victim’s bridge by walking the knife twice in the part of the victim’s bridge

2. The obstruction of performance of official duties and the Defendant suffered from a slope F (48 years of age) and slope G at the time and at the place specified in paragraph 1.1., the police officer belonging to the Busan Cascian Police Station E District forces, who received 112 reports, expressed that the above police officer “in the case of a police officer in cexch,” “in the case of a police officer in cexch, she enters the south house without permission, she would go to go to the south house without permission,” and put the above F in a brupt box which requires treatment for about 10 days in the face of the above F. The above G was defective to stop the above F’s left hand on his hand, and the police chest was removed by putting his uniform on duty.

Accordingly, the Defendant interfered with the legitimate execution of duties by the police officers regarding crime prevention and suppression, and at the same time inflicted injury on the F.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and G;

1. Application of Acts and subordinate statutes to investigation reports (referring to submission of victim F's opinion);

1. Relevant provisions of the Criminal Act and Articles 257 (1), 136 (1) and 260 (1) of the Criminal Act that stipulate the applicable provisions concerning the crime and the choice of punishment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the sentencing reasons for Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act are that the crime of this case leads to obstruction of the performance of official duties after domestic violence. However, it is not easy for the defendant to form a family, it is against the defendant’s depth, and it is an initial offender.

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