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(영문) 부산지방법원 2016.10.20 2016고단3946
공무집행방해
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 23:05 on April 23, 2016, the Defendant: (a) took a bath to the police officer that “I am on the road because the police officers called up after receiving 112 reports on the assault case that occurred in the vicinity of the cafeteria “D” restaurant located in the Busan Seo-gu, and did not park the patrol vehicle,” and (b) took a bath to the police officer that “I am on the night, ice imple, I am up and grow up,” and (c) took a bath to the police officer, “I am up, I am back, I am young,” and (d) took a bath to the Defendant, “I am back, I am off, I am knish, and am knish, am knick, knish, and knish, and knish the left part of G’s knish, and left part, such as hump and knish.”

Accordingly, the defendant interfered with the legitimate execution of official duties by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G, H and F;

1. Application of each statute on photographs;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Taking into account the following factors: (a) although the suspended sentence has the same kind of reasoning for sentencing under Article 62(1) of the Criminal Act, it is only a fine for a long time; (b) the fact that the defendant is relatively old;

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