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(영문) 부산지방법원 2014.11.13 2014고단6636
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On July 28, 2014, at around 00:05, the injured Defendant: (a) heard the victim F (ma, 47 years of age)’s sound talking with the victim’s provoking G and talking with the victim’s convenience store; (b) mispercing the victim’s face two times in drinking, the victim F would like to put about about two weeks of treatment to the victim F; (c) the victim G (ma, 46 years of age) faces the victim’s face via drinking water, going beyond the floor and going beyond the 4 weeks of treatment, and led the victim G (ma, 46 years of age) to take about about four weeks of treatment.

2. On July 28, 2014, around 00:15, the obstruction of performance of official duties and the Defendant: (a) committed an assault, such as assaulting the police officer’s legitimate performance of duties concerning crime prevention and criminal investigation; (b) assaulting the victim I (the victim I, South and 42 years old) for about two (2) weeks of treatment by committing an act, such as assaulting the police officer I who was called out after receiving the said F’s report at the place specified in paragraph (1); and (c) taking the face of the said I on one occasion of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to G, F, and I;

1. A medical certificate of injury;

1. Photographs (the output, etc. of the screen of a cellphone image);

1. Application of Acts and subordinate statutes to a report on investigation (on-site mobilization);

1. Inflicting relevant legal assistance concerning criminal facts: Interference with the execution of official duties in Article 257 (1) of the Criminal Act: Article 136 (1) of the Criminal Act;

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 ( comprehensively considering circumstances, such as that a defendant does not want the punishment by mutual consent with all the victims);

1. It shall be so decided as per Disposition for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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