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(영문) 부산지방법원 2015.07.03 2014고단7601
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 11, 2014, around 23:55, the Defendant: (a) recommended the Defendant to return home to the police station D District Unit of the Busan Jin-gu Police Station, who was called out after receiving 112 report that the Defendant avoided disturbance from “C main points” located in the Busan Jin-gu, Busan; (b) however, while taking a bath for the above E, the Defendant obstructed the Defendant’s legitimate performance of duties concerning crime prevention and maintenance of order.

2. The Defendant publicly insultd the victims during the period when and at the same time and place as above, the circumstances and developments F, the victims to whom the 112 report was sent, saying, “I have been committing a crime of camping, opening, and she has been committing a crime of mathy, she has been found to have been committing a crime of mathy, she has been reported, and she has to be treated well, she should be treated well,” and then employees and customers in the main place are heard.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the protocol of statement to E, each complaint, and the investigation reporting statutes;

1. Relevant Articles 311 and 136 (1) of the Criminal Act concerning facts constituting an offense, and the choice of imprisonment;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes is [the scope of recommendation] [the scope of obstruction of performance of official duties/performance of duties] and the basic area (6-1-1-4 months] of the obstruction of performance of official duties (no person who is a special person] [the sentencing guidelines are set, and the sentencing guidelines are not set. Thus, only the lower limit of the above recommended punishment is set. [the decision of sentence] The defendant’s sentence is sentenced to imprisonment for the defendant since it is not good for the defendant to commit the crime, such as exercising violence against police officers performing official duties

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