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(영문) 부산지방법원 서부지원 2018.08.10 2018고단844
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 26, 2017, around 22:30 on December 26, 2017, the Defendant requested to get a taxi in operation of the C to go to the direction of the D Zone in the vicinity of the Green Floodgate located in the Gangseo-gu Busan Metropolitan City, but on the ground that the above C is between E and the direction of the E Public Security Center, the Defendant was going to go to the front of the D Zone located in the F of Busan Metropolitan City.

1. Around 22:40 on December 26, 2017, the Defendant: (a) took a bath for a taxi engineer in front of the said D District; (b) was required by the victim G to pay for taxi expenses and return home from the police officer belonging to the D District Unit; (c) was in the position of D District Unit H; and (d) was seen by the victim as seen earlier, prior to the Defendant, “the victim was sexually insulting by the victim with a large sound, i.e., f. f. f. f. f. f. f. f. f. f. f. f. f. f. d. d. d. d.

2. At the time and place specified in the above paragraph 1, the Defendant: (a) was arrested as a flagrant offender from G in the crime of insult to a police officer who belongs to the said DNA; and (b) was able to demand a suspect to sit as a witness after having been arrested as a flagrant offender; and (c) committed assault on the part of the said G with the left hand at one time.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommendations in the sentencing guidelines] - The basic area (one month to one year and six months) of the basic area (the decision of sentence] (one month to one year and six months) of the Act on the Aggravated Punishment of Concurrent Crimes shall be punished, and the punishment shall be imposed in consideration of the fact that the act of obstructing legitimate execution of official duties should be punished, and that of the criminal during the period of suspended execution of the same crime.

The defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and circumstances after the crime are shown in the arguments of this case.

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