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(영문) 부산지방법원 2016.05.26 2015고단8433
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 21:00 on December 6, 2015, the Defendant assaulted the victim by walking the victim’s shoulder on the ground that: (a) the victim was getting in the victim B (69) taxi driving; (b) the victim was trying to open the door of the said taxi in front of the E located in Busan East-gu; (c) the victim was scheduled to set the taxi; and (d) the victim paid the dangerous taxi costs to the Defendant, and “the victim was getting out of the taxi and getting out of the other taxi”; and (c) the victim gets out of the taxi with the escape of the victim three times in front of the victim’s left side due to the occurrence of the roadside by the victim getting out of the taxi.

2. On December 6, 2015, the Defendant: (a) destroyed the Victim B’s shoulderer part of the victim B’s shoulderer to the right shoulderer in Busan East-gu, Busan-dong; (b) around 21:00 on December 6, 2015, in front of E, the Defendant destroyed the victim B’s shoulderer to the right shoulderer.

3. On December 6, 2015, the Defendant: (a) arrested a flagrant offender on the same grounds as paragraphs 1 and 2, around 21:40 on December 6, 2015; and (b) took a bath from F District of the F District of the Busan Police Station in the Busan East Police Station to “I must kill a low-priced;” and (c) caused a disturbance to prevent a slope belonging to the said earth, thereby preventing the disturbance; and (d) interfere with the police officer’s legitimate performance of duties on the investigation of a flagrant offender, management, and maintenance of global order.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police in relation to B and G;

1. Application of each statute on photographs;

1. Relevant legal provisions of the Criminal Act and Articles 260(1), 366, and 136(1) of the Criminal Act concerning the selection of criminal facts, and the choice of imprisonment, respectively;

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. Article 62 (1) of the Criminal Act on the Suspension of Execution (a certain degree of crime committed by assault is reflected, such as recognition, and considering the fact that there is no record of crime during the last 12 years, etc.);

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