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(영문) 부산지방법원 2016.11.16 2016고단5406
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 September 8, 2016, from around 23:15 to 23:35 on the same day, the Defendant obstructed the Defendant’s business by force, such as: (a) the Defendant, under the influence of alcohol, was unable to enter the said friendship or entry while under the influence of D, who was an employee of the said friendship or D, of the third floor of the C hotel in operation of the victim’s in Busan Dong-dong-gu, the third floor; (b) thereby, the Defendant interfered with the Defendant’s business by force, such as: (c) the Defendant d’s humping of the humf, such as humbing the humf of the humf; and (d) the Defendant humbing the humf of the humf, who was locked from the humf, by force

2. On September 8, 2016, around 23:35, the Defendant: (a) received 112 reports at the entrance or entrance of the letter, and was asked questions about the reason why he was frighting from the Inspector F of the Busan East Police Station E District of the Busan East Police Station; (b) under the influence of alcohol, the Defendant committed assault, such as frighting the breath of the said F’s left side, once at one time with her hand, and frighting the breath of the said F.

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. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to investigation reports and photographs on damage;

1. Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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 on the suspension of execution (The depth of a crime is reflectd and the fact that there is no record of the same crime);

1. The reason for sentencing of Article 62-2 of the Social Service Order Act Article 62-2 Article 62-2 of the Social Service Order Act, the first category of crime (Interference with Business) [the scope of recommending punishment] that there is no basic field (6 to 1 year and 6 months), the second category of crime (the scope of recommending punishment] [the scope of obstructing the performance of official duties] [the scope of recommending punishment] and the basic area (6 to 1 year and 4 months] of obstruction of the performance of official duties (the special person).

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