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(영문) 부산지방법원 동부지원 2016.11.28 2016고단1877
공무집행방해등
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

1. On August 16, 2016, the Defendant: (a) around 01:00, the victim D (year 44) who fessing together with other tables when sing together with the drinking at the center of “Csing shop” located in Suwon-gu, Busan on August 16, 2016, carried the victim’s face twice, and took three times the victim’s bridge without any particular reason.

Accordingly, the Defendant, as seen above, brought up the following bridges in need of treatment for about two weeks.

2. The Defendant, as above, arrested police officers in the act of committing a crime, and was transferred to the F Zone of the Busan Southern Police Station located in Suwon-gu, Busan.

At around 01:53 on August 16, 2016, the Defendant continued to return to the said district boundary despite police officers’ control over the said district boundary. On his own initiative, the Defendant: (a) heard the horses that “he she is going to sit” from the victim G (35 years of age) to the police officers belonging to the said district boundary; and (b) made once the victim’s left part and part of the ship at one time; and (c) made a drinking part of the victim’s left part of the said district boundary.

As such, the Defendant interfered with the legitimate performance of duties by police officers with respect to global duty, and at the same time injured the victim about two weeks of treatment, such as damage of the face that requires treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of D or G;

1. A written diagnosis of injury;

1. Application of the legislation in its opinion;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Although the reason for sentencing under Article 62(1) of the Criminal Act is serious, the fact that the defendant is led to confession, and the victim does not want the punishment by mutual consent from the victim D.

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