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(영문) 부산지방법원 2013.03.22 2012고단9121
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 of the final judgment.

Reasons

Punishment of the crime

1. At around 02:10 on August 11, 2012, the Defendant insulting the victim’s slope, a police officer belonging to the Busan Northern Police Station D District, who was called out after receiving a report on the day on which the Defendant drinking alcohol from the above main point of view and became a vision with another customer, and sent out after receiving a report on the day when the Defendant performed drinking at the above main point of view, and the victim’s slope E, who was a police officer belonging to the Busan Northern Police Station D District, does not want punishment, thereby soliciting the Defendant to pay the drinking value and return to the Republic of Korea. As such, the Defendant, who recommended the Defendant to pay the drinking value to the Defendant and return to the Republic of Korea, such as the main place of business and his/her employees, openly insulting the victim.

2. At around 02:30 on August 11, 2012, the Defendant: (a) confirmed the victim E’s identification card against the Defendant arrested in a flagrant offender and went into the said district; (b) however, the Defendant opened a toilet door while putting the victim’s desire to “sprinke” without hearing the horses; (c) thus, the Defendant obstructed the victim’s legitimate performance of duties concerning the safe guard of the victim by assaulting the victim’s back-hand part of the back-hand body one time, and obstructing the victim’s legitimate performance of duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes to investigation reports (including CCTV video screen pictures);

1. Article 136 (1) and Article 311 of the Criminal Act and the choice of punishment for the crime; the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the fact that it is an aggressive crime and reflective fact);

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