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(영문) 부산지방법원 2016.09.29 2016고단3279
공무집행방해
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On May 10, 2016, around C convenience stores located in Busan, the Defendant: (a) sought to present an identification card by the staff E belonging to the Busan, Police Station D branch of the Busan, who was called upon 112 report; (b) expressed his/her identity in the same kind; (c) expressed his/her will in the same manner, and assault E’s breast part of his/her chest in five times by hand, with his/her hand, by removing the same.

Accordingly, the defendant interfered with the legitimate execution of duties of police officials concerning 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order [the scope of recommended punishment] [the grounds for sentencing under Article 62-2(1) of the same Act, and Article 59 of the Act on the Monitoring, etc. of Protection, etc. [the scope of recommended] There is no person who has been sentenced to imprisonment without prison labor or heavier punishment (the person who has been sentenced to special sentencing from June to January] in the basic area (the

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