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(영문) 부산지방법원 동부지원 2018.12.13 2018고단1672
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

Punishment of the crime

On April 14, 2018, around 02:55, the Defendant was punished for taxi drivers and city expenses in the apartment parking lot due to the name of Nam-gu, Nam-gu, the name of 189, the new benefit from the use of hoho Lake, the payment of taxi charges, and the Defendant’s wife paid taxi charges to the police officer of the police station B of the Busan Southern Police Station B of the Busan Police Station after receiving a report 112.

Afterwards, the Defendant: (a) was to start the patrol to continue to conduct the patrol on the patrol vehicle; (b) was to keep the rear door of the patrol vehicle and prevent the patrol vehicle from departing; (c) laid the glass of the patrol vehicle by drinking the patrol vehicle; and (d) was to block the front of the said patrol vehicle, and (c) was to look at the above police.

“Arhovash, a police officer C, or D was pushed down on their breasts.”

Accordingly, the Defendant assaulted police officers as above and interfered with legitimate performance of official duties concerning patrol duties of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes, such as each investigation report, investigation report (for the commission of the crime, a video recording of the track), black stuff photographs, and black stuff images;

1. Article 136 of the Criminal Act and Article 136 of the same Act concerning the selection of applicable criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is a punishment for trial costs due to taxi charges, and uses violence to police officers dispatched after receiving a report 112, which is disadvantageous to the defendant, such as the nature of the crime, and the fact that the defendant has a criminal record of violence.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, that there is no significant degree of the type of the defendant's exercise, and that there is no criminal record exceeding the fine.

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