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(영문) 부산지방법원 2018.06.19 2018고단644
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 6, 2018, at around 04:00, the Defendant committed assault to F in front of the E zone located in Busan Island D, with a taxi engineer, with a fare-related issue, and obstructed F’s legitimate performance of duties as to the prevention, suppression, and investigation of F crime, without any reason, by assaulting F with F, “F, while making a bath for fat, fat, fat, and fat,” “F,” which was called “I have returned to her country because I had returned to her home,” which was called “I have returned to her home,” which was called “I have returned to her home.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and G;

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

1. Article 62(1) of the Criminal Act on the stay of execution (The following extenuating circumstances are considered in favor of the sentencing in mind):

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. Circumstances unfavorable to the decision of sentence: The crimes committed in this case during the period of probation, even though he/she was sentenced to a fine of KRW 4 million due to interference with the duties committed during the period of probation after being sentenced to a suspended sentence for 2010, such as the crime of interference with the execution of special duties in 2010, the crime of violating the Traffic Act on the road in May 12, 2016, and the crime of property damage, etc., committed in violation of the Act on the Road in May 12, 2016, there are many records of violent crimes; the circumstances that the crime in this case was committed again during the period of probation even though he/she was sentenced to a suspended sentence for 4 million won due to interference with the duties committed during the period of probation after being sentenced to a suspended sentence for 2016: the fact that

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