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(영문) 부산지방법원 동부지원 2013.09.10 2013고단1795
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 25, 2013, at around 20:58, the Defendant was under the influence of alcohol in front of the Busan Southern-dong 4-dong 1136-14, Busan-dong 4-dong 4-dong 1136-14 and was under the influence of alcohol by a police officer D belonging to the Busan Southern Police Station C District of the Busan Southern Police Station.

Therefore, although the defendant requested D to put the patrol car at the location of the patrol car, the defendant expressed that D was "to put a dog, sweak, sweak", and tried to put D's face at two times by hand with D's care in the street and with D's care.

Since then, the defendant tried to commit suicide on the road that he wanted to commit suicide, and the defendant was sponsed from D, and assaulted twice by her hand on the right side of D.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no force to commit the same kind of crime, or that the mistake is recognized);

1. Social service order under Article 62-2 of the Criminal Act;

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