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(영문) 부산지방법원 2015.12.18 2015고단6955
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 04:50 on June 29, 2015, the Defendant: (a) committed an assault, such as assaulting the si affiliated with the said si to the si located in the Geum-gu, Busan, to the effect that the si was escaping after shocking the body; and (b) the sib F, etc. affiliated with the Busan Geum-gu, Police Station E-gu, Busan, who was called upon upon receiving a report, would stop driving the sibb in order for the Defendant to walk the sibly with other sib; (c) the Defendant interfered with the police officer’s legitimate performance of duties regarding the receipt and handling of the report by assaulting the si.

2. On June 29, 2015, in order to receive traffic accident damage, the Defendant assaulted a police officer with regard to the receipt of traffic accident report by assaulting a 112 patrol key, which was placed on his/her book, as if the victim was forced, after having gone through the Busan Geum-gu Busan Metropolitan Police Station E-district located in Geum-gu, Busan Metropolitan City, and had been forced to make a statement of damage to the victim of traffic accident, and threatening the 112 patrol key to the knife F, and threatening him/her as with the knife, and moving a cell phone to H, thereby hindering the police officer’s legitimate execution of duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made to F, H and I;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Code of the Order to Attend a lecture [Scope of Recommendation] The sentence of Article 62-2 of the Order to Attend a lecture shall be suspended, taking into consideration the following circumstances: (a) there is no basic area (6-1 year and April) of the obstruction of the performance of official duties (decision of a sentence] [no person who has been punished for the obstruction of the performance of official duties] (decision of a sentence]; (b) there is no force of punishment as

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