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(영문) 부산지방법원동부지원 2020.10.21 2020고단1085
공무집행방해등
Text

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

However, 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. Around 23:50 on April 30, 2020, the Defendant was under the influence of alcohol while getting in and moving to C cab in the vicinity of Busan Shipping Daegu B, Busan, and the said taxi article was in the E area located in Daegu D and requested police officers to assist the said taxi article.

In front of the E District Party, the Defendant openly insultingd the victim F, the police officer of the E District Party, and 2 to 3, who was recommended by the victim patroler G to get off the taxi from the taxi, and the victim patroler of the 2 to 3, who was passing through, the Defendant expressed that the victim guard F, “I have come to go to go to go, to go to go, if you are the police, and she is dead,” and the victim patroler G, who expressed that “I have come to go to go to go to go to the police, to go to go to go to the police, to go to go to go to the police, to go to go to me, to go to me, to go to me, and to go to me.”

2. At around 23:50 on April 30, 2020, the Defendant: (a) committed an assault on the part of the E zone under paragraph (1); (b) on the part of the Defendant, the Defendant: (c) committed an assault on the part of the patrolman on the right side of G knee on one occasion due to a defect that knifes the Defendant to get off the taxi; and (d) assaulted the knishbbbbs on two occasions due to his failure to stop it; and (c) assaulted the F face of the developments leading up to his restraint.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning civil petition treatment and relief of hosts.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement F and the statement prepared by the police officer in relation 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, and the choice of imprisonment, respectively, for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The following circumstances in the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, including the Defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc.

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