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(영문) 부산지방법원 2015.11.18 2015고단5893
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On September 7, 2015, the Defendant did not get off from a taxi operated by the victim D (year 55) in front of the Busan Jinjin-gu, Busan District Police Station C District, which was located in the Busan Jinjin-gu, without any special reason, and assaulted twice the part on the part of the victim and once walking on the part of the left part.

2. Performance of official duties;

A. On September 7, 2015, at around 22:35, the Defendant was required to get off the taxi from E in the circumstances in which the taxi was located after receiving a report from the taxi engineer that the guest scam in the place described in the foregoing paragraph (1).

Accordingly, the defendant took a bath to the above E, and assaulted the face of the above E once, such as walking the face of the E once.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.

B. On September 7, 2015, around 22:40 on September 7, 2015, the Defendant assaulted F’s face and body part of the above F, 4:5 times, due to the defect that F’s security guards working in the Busan Jin-gu C District to verify the Defendant’s personal information, etc.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, F, and D;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 136 (1) and 260 (1) of the Criminal Act which choose a penalty;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Sentencing criteria;

A. First Crimes (Scope of Recommendation) (Obstruction of Performance of Official Duties) (Scope of the Obstruction of Performance of Official Duties) and the basic area (6 months to 1 year and 4 months) (special person) of the 1st Crimes (Obstruction of Performance of Official Duties) (Scope of Recommendation)

B. Second Crimes (Obstruction of Performance of Official Duties) / [Scope of Recommendation] The basic area (6-1-1-4 months) of the 1st category of the obstruction of Performance of Official Duties (Obstruction of Performance of Official Duties) / [Scope of Recommendation]

(c) Type 1 (General Violence) and category 1 (No person who has been specially punished) and the basic area (two to ten months) of the crimes of violence;

2. Many crimes;

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