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(영문) 부산지방법원 2016.10.20 2016고단4018
공무집행방해
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above punishments shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants are those who came to know in the society.

1. On June 19, 2016, around 23:40 on June 19, 2016, Defendant A was under the influence of alcohol in a “D” restaurant located in the Geum-gu Busan Metropolitan City, and was under the influence of alcohol with E, and was under the control of G from a policeman belonging to the F District of the Busan F District Police Station, who patroled the place.

The Defendant assaulted the chests of the above G by having the chests of the above G go beyond the floor once.

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

2. The Defendant committed the crime of Defendant B, at the same time and place as set forth in paragraph (1) of this Article, committed assault, such as: (a) the defect that the slope H affiliated with the Busan F District Police Station was trying to restrain the assault of G; (b) the body was sealed by the body; (c) the flaps of the said H; (d) the flaps with the flaps; and (c) the flaps of H by hand, flapsing the flab

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement related to G and H;

1. Application of statutes on photographs of damage;

1. Relevant provisions of the Criminal Act and the Defendants’ choice of punishment concerning criminal facts: each of the Defendants is subject to imprisonment under Article 136(1) of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act;

1. The Defendants of the community service order: The reason for sentencing of Article 62-2 of the Criminal Code [Scope of Recommendation] There is no basic area (6-1-4 months) of the obstruction of performance of official duties (6-1-4 months), / [decision of sentence] Defendant A has no criminal record other than once a drunk driving, and Defendant B has no criminal record other than Defendant B is the primary offender, and both Defendants are seriously resisted while making confession of a crime.

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