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(영문) 부산지방법원 2017.12.07 2017고단4798
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 4, 2017, around 21:50, the injured Defendant: (a) brought a dispute with the victim I (the victim I, 52 years of age) and one-day problem on the H in front of the Busan Jin-gu G on July 4, 2017; (b) brought the victim into the back head of the victim; (c) put the victim into the part of his elbbane, etc. for an unclaimed number of days of treatment.

2. On July 4, 2017, the Defendant obstructed the police officer’s lawful performance of official duties in relation to arresting and maintaining order in a police officer’s criminal, by assaulting him/her, on the ground that he/she was aware that he/she was not able to take a bath from L in the situation where he/she belongs, while arresting him/her in the K District located in the Busan High-gu, Busan High-gu and waiting for him/her as an offender due to the suspicion of the above injury.

3. Around July 4, 2017, the Defendant insultd the victim by openly brupting the victim by referring the victim to the slope N belonging to the K District of the Busan District Police Station, where M, I, and other civil petitioners listen to, the said K District on July 4, 2017.

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;

1. A complaint;

1. Application of the photographic Acts and subordinate statutes;

1. Article 257 (1) of the Criminal Act (the point of injury), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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. Crimes 1 [Scope of Recommendation] for the reason of sentencing under Article 62(1) of the Criminal Act on the suspension of execution, in the case where the minor injury (one month to one year) in the area of special mitigation (one month to one year), the minor injury (including a person with a special mitigation), the non-compensation of punishment (including a serious effort to recover damage), or considerable damage has been restored, the crimes 2 (Obstruction of Execution of Official Duties) [Scope of Recommendation] for the reasons of sentencing under Article 62(1) of the Criminal Act on the suspension of execution of execution of official duties. The types 1 (Obstruction of Execution of Official Duties/ Compelling of Duties) are obstructed.

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