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(영문) 부산지방법원 2015.02.11 2014고단8480
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 13, 2014, at around 23:30, the Defendant: (a) committed violence against the Defendant, while avoiding disturbance, on the ground that the Defendant’s wife, who is being protected by the Defendant’s assault, did not promptly see E, which is the wife located in the Geum-gu Busan Metropolitan City, by means of the Defendant’s assault; (b) obstructed the Defendant’s escape; (c) obstructed the Defendant’s breath of the FF’s catum, which was scatf (44 years old); and (d) assaulted the Defendant’s cat part of the FF, who was arrested the Defendant as a flagrant offender in the crime of obstruction of performance of official duties, obstructed the Defendant’s legitimate performance of duties concerning the police officer’s investigation duties, and at the same time, inflicted injury on the victim F, such as the closure of a non-permanent frame requiring treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of each investigation report (to attach a written diagnosis of the identity of a victim police officer) to statutes;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that the defendant for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution does not only interfere with the performance of duties by police officers but also inflicted injury on police officers, etc., the crime is not good and the damage was not recovered. However, although the defendant appears to have both the time and reflect on the crime, the defendant is a disabled person of Grade II in the mental retardation, there is no record of crime exceeding the fine, and other factors of sentencing, such as the defendant's age, character and behavior, environment, motive and background of the crime, circumstances after the crime, sentencing guidelines (the lowest limit of sentence of recommendation: imprisonment with prison labor for 6 months) shall be determined as

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