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(영문) 부산지방법원 2018.05.08 2018고단713
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 20, 2018, at around 11:30, the Defendant: (a) was under the influence of alcohol in front of a free meal facility located in Busan, Busan, and was dispatched from E, a police officer belonging to the Busan, Police Station D District of the Police Station D, Busan, who called “this son, Nurbine Nos., Habbbbbb, and son equal to a bitch bitch”; (b) took a son’s chest on several occasions, she was arrested as a current criminal interfering with the performance of official duties by displaying the son’s chest on a hand, leading to the face front of a free meal facility near the Busan, and thereby, he obstructed the police officer’s legitimate performance of duties concerning the prevention, suppression, and investigation of crimes for about 20 minutes.

Summary of Evidence

1. Each legal statement of witness E and F;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Application of statutes on partial CCTV images for free meal facilities;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] interference with the performance of official duties, and the basic area (from June to January 1, 200) / [the decision of sentence] / [the decision of sentence] the defendant has a record of criminal punishment several times due to violent crimes, including the motive and background of the crime in this case, the degree of violence that the defendant has exercised, the degree of violence that the defendant has exercised, and other various circumstances that form the conditions for sentencing, such as the defendant's age, sex, environment, and conditions after the crime.

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