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(영문) 부산지방법원 2015.06.25 2014고단9360 (1)
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

Around 01:15 on November 12, 2014, the Defendant and B: (a) on the backway from the shop of "D," etc. located in the Busan Northern-gu, Busan, to enter a private taxi in front of the same Gu, and (b) on the settlement relation of taxi costs, B and B were sent to the police officer in front of the same Gu, and after receiving a 112 report, B were arrested a flagrant offender B, such as the slope H belonging to the Busan Northern Police Station G District, and tried to board the vehicle, B were frighted to the slope, stating that the Defendant and the Defendant: (b) on the backway, sold the arms to the slope, walking the fright of the slope; (c) carried the fright to the right side of the H with the entrance; and (d) carried the fright to the fright of the fright by walking the fright of the fright, walking the fright by using the fright slope, and walking the fright to the fright.

Accordingly, the defendant conspired with B to interfere with the legitimate execution of duties of police officers in relation to the arrest of flagrant offenders.

Summary of Evidence

1. Each legal statement of the defendant and B;

1. Each police statement made to E, H and I;

1. Application of statutes on photographs of damage;

1. Articles 136 (1) and 30 of the Criminal Act applicable to the crime;

1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] Where there are many public officials who suffered damage (one year or four years of obstruction of performance of official duties) in the aggravated area (one year or four years) of obstruction of performance of official duties (one category) / [Determination of sentence] the defendant is deemed to have committed the instant crime in concert with B, who is one of the main offenders, and the defendant seems to have committed the instant crime, and an agreement is made with H, the other party to the obstruction of official duties

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