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(영문) 부산지방법원 2018.10.31 2018고단3540
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

Punishment of the crime

1. On August 12, 2018, around 20:30, the Defendant: (a) expressed the victim who was demanded from the victim B, who was a taxi engineer, to demand the taxi fee from the 2nd public security center of the Gu, the Geum-gu, 565-ro, Geum-gu, Busan, Geum-gu, 2018; and (b) publicly insulting the victim at the hearing of the police officer.

2. On August 12, 2018, at around 20:35, the Defendant obstructed a police officer’s legitimate execution of duties concerning handling reports, by putting his/her right hand hand hand hand hand hand hand hand hand over, and booming off, he/she tried to see that he/she would have paid a taxi fee and returned home from the security guards D located in the Geum Jong Police Station C District, which was called after having been reported at a place of port 112 at around 20:35 on August 12, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for B and E;

1. Application of Acts and subordinate statutes to a report on investigation (on-site inspection, etc.);

1. Relevant Article 311 of the Criminal Act, Articles 136 (1) (the point of obstructing the performance of official duties) and 136 (1) (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor for the 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. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order (the scope of recommending punishment) does not exist the sentencing criteria for the offense of insult in the basic area (six months to one year and four months) (the obstruction of performance of official duties and coercion of official duties). [Determination of sentence] The Defendant is sentenced to imprisonment in light of the following: (a) the Defendant has a criminal record of a fine due to violence; (b) the Defendant is able to have a criminal record of a fine due to violence; and (c) the police officer who takes a bath to a taxi driver and takes a uniform to exercise violence against him/her, thereby obstructing the performance of official duties.

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