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(영문) 부산지방법원 2018.08.23 2018고단2570
공무집행방해등
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 19, 2018, at around 05:20 on May 19, 2018, the Defendant destroyed the following: (a) 3 studio of the 1st floor victim C’s 1st floor underground of the Busan B Building, the Defendant: (b) was at the same time under the influence of alcohol, and was at the same time, such as beer bottles, alcohol residuess, and receptions; and (c) 100,000 won at the market price.

2. On May 19, 2018, at around 06:05, the Defendant: (a) the date and time indicated in paragraph 1; (b) at the place, and (c) when he was arrested from G to an offender in the act of committing a crime on the part of 112, the Defendant: (a) committed assaulting the said G’s face on the part of B/C head; and (b) committed assaulting the said G’s face on the part of B/C head; and (c) continued to go against the patrol vehicle.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect against the defendant (two times);

1. Application of the laws and regulations on police statements made to C, F, and G;

1. Article 136 (1) of the Criminal Act, Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of Commercial Competition. Article 50 (Interference with Execution of Official Duties)

1. Imprisonment with prison labor for choice of punishment;

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. For the reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence, Article 62(1) of the Act on the Suspension of Execution, the scope of the final sentence according to the aggravated punishment [including a person who has been specially mitigated] in the mitigated area (including a serious effort to recover damage) of the mitigated area (including a property damage, etc.) or where a significant damage has been restored, the scope of the final sentence according to the aggravated punishment according to the aggravated punishment: From June to September 1, 200 [decision of a sentence], the degree of interference with the execution of public duties is not heavier than the degree of interference with the execution of public duties.

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