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(영문) 부산지방법원 2015.11.24 2015고단5780
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

1. On September 7, 2015, around 05:41, the Defendant damaged the property of the victim by getting on the taxi of the victim B (age 65) who was stopped in order to board customers on the street in front of the point of the Busan Bank Hot Spring Port (age 65) located in the Geum River-gu Busan Metropolitan City, which was located in the Geum River-gu, Busan Metropolitan City, and making the victim go against the victim, and making the victim go on a half-day, while making the part of the front door of the taxi driver’s seat of the above taxi, which is the victim who was landed from the above taxi.

2. The Defendant at the time, time, and place specified in Paragraph (1) of the same Article, committed an act of destroying and damaging property from the head of the police station C District of the same police station, who was dispatched by the Defendant upon receiving a report that the said property would be damaged, and the Defendant expressed the above D’s face at one time, and assaulted the said D’s face at one time, thereby obstructing the police officer’s legitimate execution of duties concerning crime prevention, suppression, and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Articles 136 (1) and 366 of the Criminal Act applicable to the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Considerations, such as the reflection of the accused and the first offense without military force);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Type I (Scope of Recommendation) Crimes (Obstruction of Performance of Official Duties) (Scope of Punishment) and the basic area (6 months to 1 year and 4 months) of the obstruction of performance of official duties;

2. Type 1 (Destruction, Destruction, etc. of Property) and the basic area (4 to 10 months) of the second crime (a special person) (a special person).

3. The scope of final sentences due to the aggravation of multiple offenses: From six months to one year and nine months; and

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