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(영문) 부산지방법원 동부지원 2017.01.18 2016고단2425
공무집행방해등
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 11, 2016, the Defendant interfered with the performance of official duties, at around 01:30, the Busan District Police Station, located in B of the Busan District, where he was under the influence of alcohol at the lower seat of the taxi located in the seat of the police station located in the Busan District, the Defendant: (a) “I am out of the taxi because customers do not sleep in the taxi; (b) I am out of the taxi; and (c) I am back to the C District office upon the request of the said D; and (d) I am back to the C District office.

The Defendant assaulted E, such as 4 times the shoulder part of E, and 3 times the face of his/her face, with a double drinking inside the CJ office.

As a result, the defendant interfered with legitimate execution of duties concerning the civil petition treatment of E who is a police official.

2. The Defendant damaged public goods to the extent of KRW 70,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on respective statements made to E, F and D;

1. 범죄사실에 대한 해당 법조 형법 제 136조 제 1 항( 공무집행 방해), 헝볍 제 141조 제 1 항( 공용 물건 손상), 징역 형 선택

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [public prosecutor's opinion] Imprisonment with prison labor for one year and six months [Pronouncement of sentence], the defendant, for two years a suspended sentence of eight months, obstructed the police officer's performance of official duties by displaying drinking to him or her, and damaged his or her favor; the result of the crime in this case is not significant; the result of the crime in this case is not significant; the replacement of damaged glass; the defendant's mistake is recognized; the defendant's age, sex, intelligence and environment; relationship with the victim; motive, means and consequence of the crime; and the circumstances after the crime.

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