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(영문) 부산지방법원 동부지원 2013.08.07 2013고단1478
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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 April 9, 2013, the Defendant interfered with the performance of official duties by intimidation, such as: (a) in the class of the fifth grade class class class of D elementary school located in Busan Metropolitan City captain C; (b) in the class class of the fifth grade class class class of D elementary school located in Busan Metropolitan City captain C, the Defendant expressed F as “Chewing baby” on the ground that F, who is a teacher for drinking, will take a bath for drinking, and attempted to take a drinking, thereby interfering with F’s legitimate performance of duties concerning F’s education.

2. The Defendant, on the ground that the victim G, who was engaged in an operation of a guardian, committed an act of obstructing the performance of official duties of the Defendant, expressed the victim’s abusive view, such as “Chewing flag,” and flaged the parts of the flag, thereby threatening the victim by gathering the parts of the flag, “the deceased” and “the head of the flag.

3. The Defendant violated the Punishment of Violences, etc. Act (a person committing a crime) carried a knife, which is a dangerous object that could be commonly used for an offense under the Punishment of Violences, etc. Act, by inserting the knife (19cm in knife, 31cm in knife) purchased in front of the school, into the knife knife knife knife knife knife knife knife k

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to F and G;

1. A H statement;

1. Application of Acts and subordinate statutes on police seizure records;

1. Relevant Article 136(1) of the Criminal Act for the crime concerned, Article 7 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act, and the choice of imprisonment for a 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 suspended execution (the sentence is not imposed to the defendant, and considering the fact that the crime in this case is committed in depth);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

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