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(영문) 부산지방법원 2016.07.14 2016고단1549
공무집행방해등
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 February 4, 2016, the Defendant controlled the violation of parking regulations in front of the D cafeteria located in the Dong-gu Busan Metropolitan City, on February 10, 2016, on the ground that he/she controlled his/her vehicle in front of the D cafeteria located in the Dong-gu, Busan Metropolitan City.

In order to carry out the crackdown, this spath, e.g., e., fat, fat, fat, fat, fat, etc. of the above E, and the assault was committed to F affiliated with the transportation administration and parking control division of the Busan Dong-gu in order to carry out the traffic administration and the parking control division of the public official’s waste, “I would like to carry out or crack down the same fat as a public official’s waste, d. h. every day in order to carry out the above F’s left hand, thereby interfering with the legitimate execution of duties of the above public official, and at the same time, assaulted F (33 years) for about 15 days in order to cure the above public official’s violation of parking regulations, thereby hindering the above public official’s legitimate execution of duties.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

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

5. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc. [the scope of recommendation] general injury [the scope of recommendation] [the case of obstructing the performance of official duties (6 months to 2 years] [the case of a special aggravated person] [the case of a sentence] the defendant's liability for a crime that circumvents legitimate performance of official duties, or the defendant was punished once by a fine for 2009, there is no other criminal record, and the sentence is determined as the order of punishment in consideration of the sentencing conditions such as the defendant's age, sexual behavior, environment, etc.

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