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(영문) 부산지방법원 2018.12.13 2018고단4315
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The same shall apply to the assault above.

2. On August 6, 2018, at around 18:50, the Defendant obstructed the victim’s parking management work by sobing the victim D (71 taxes) who is a parking lot manager in the Busan-gu Busan-gu Seoul Special Metropolitan City Underground Parking Lot, and intending to open the entrance of the sports dance institute inside the said building, and thereby intending to remove the victim from the damaged party, the Defendant obstructed the victim’s parking management work by avoiding a disturbance of about 30 minutes, such as being tightly pushed down the victim’s chest and shoulder, one time at the time.

3. On August 6, 2018, the Defendant obstructed the performance of official duties at the above place, around 19:20 on August 6, 2018, and when he was arrested a flagrant offender from the police officer F of the police box affiliated with the police box of the Busan High Police Station E box, who was called upon 112 after receiving a report, and the police officer G to commit the crime of assault, the Defendant committed assault, such as assaulting the above F’s left arms at one time as a hand, and flaging the said G’s left arms by hand.

As a result, the defendant has prevented police officers from performing their legitimate duties in relation to the current arrest of criminals.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, G, and F;

1. Application of Acts and subordinate statutes to photographs and photographs of the body;

1. Article 314(1)0 of the Criminal Act Article 136(1)0 of the same Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of Commercial Competition. Article 50 (Interference with Execution of Official Duties)

1. Selection of each sentence of imprisonment;

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

1. For the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution, Article 62(1) of the Criminal Act, the scope of the final sentence due to the aggravation of punishment [including a person who has been specially mitigated] by multiple crimes (including a serious effort to recover damage) for the mitigation of punishment, and the scope of the final sentence due to the aggravation of punishment [the scope of the punishment] by which the defendant did not have the same power and recognized the fact of the crime, in June to October [the decision of the sentence] by June to October] of the basic area (from June to January to June) of the Act on the Suspension of Execution of Official Duties.

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