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(영문) 부산지방법원 2016.02.05 2015고단7481
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

... 받고 출동한 부산 사 하경 찰 서 E 지구대 소속 경찰관인 F가 사건의 경위를 확인하자 F에게 욕설을 하고, 이를 제지하는 F의 가슴을 2회 밀치고, 정강이를 1회 걷어 찼다.

As a result, the Defendant interfered with the legitimate execution of duties concerning F's 112 mobilization of a report who is a police officer.

The defendant of "2015 Highest 8580" is a singing practice room that operates H singing practice rooms on the first floor of the G of the Geum-gu Busan Metropolitan Government.

No sing practice room business operator shall sell or provide alcoholic beverages.

Nevertheless, at around 05:00 on November 13, 2015, the Defendant sold 30,000 won to the I who was found to be a customer at the above H music practice place after receiving 30,000 won of beer, etc.

Summary of Evidence

[2015 Highest 7481]

1. Statement by the defendant in court;

1. Statement made to F;

1. A criminal investigation report (a statement by a wooden person), photographic materials (2015 height group 8580);

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused;

1. Application of Acts and subordinate statutes to a copy of a protocol concerning suspect interrogation, a copy of a report on detection of a place of violation, a copy of a certificate of registration in a singing practice room to I;

1. Relevant Article 136(1) of the Criminal Act for a crime; Article 34(3)2 of the Music Industry Promotion Act; Article 22(1)3 of the same Act for a crime; and selection of imprisonment for a crime;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] There is no basic area (from June to January to April) (the person subject to special sentencing) (the person subject to special sentencing). The violation of the Music Industry Promotion Act is not subject to sentencing guidelines, so the lower limit of the recommended punishment is only followed.

[Determination of sentence] The execution of imprisonment shall be suspended in 2003, taking into account the fact that a fine has been imposed due to interference with the performance of official duties, but the considerable period of time has already lapsed, the fact that the crime is against the mistake, and the details of the crime are not much excessive, and the community service order shall be imposed.

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