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(영문) 부산지방법원 2020.01.09 2019고단5533
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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. On August 18, 2019, at around 05:05, the Defendant, after receiving a report of 112 that the Defendant was under the influence of alcohol, insultingly insultingd the victim D, a victim of the Busan East Police Station C District called the Defendant, who was the victim of the victim of the Busan East Police Station C District, called the Defendant, and the victim was heard by E, etc., the Defendant sexually insultingd the victim with the victim, who was the victim of the victim of the victim of the Busan East Police Station C District called the Defendant.

2. Performance of official duties;

A. On August 18, 2019, around 05:10 on August 18, 2019, the Defendant, at the place indicated above 1. Around 05:10, the Defendant: (a) assaulted Mane F, which belongs to the same district unit, with the horses and mane, on one occasion, with the left side of the said F, thereby hindering police officers from performing their duties.

B. On August 18, 2019, around 05:22, 2019, the Defendant took a bath at the Busan Dong-gu Busan Dong-dong Police Station C District of Busan Dong-dong Police Station, and took a bath to refrain from h’s self-control of the circumstances belonging to the said district, and obstructed police officers’ legitimate performance of duties by assaulting the left knee of the said H once.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement made to F and H;

1. E statements;

1. Application of Acts and subordinate statutes to the 112 reported case processing table, photographic, investigation report (in case of violence, appendixture photographs), investigation report (CTV image verification); and

1. Article 311 of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of insult, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice

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 (i.e., the grounds for the suspended sentence)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The application of the sentencing criteria shall be recommended;

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