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(영문) 부산지방법원 동부지원 2016.10.31 2016고단1618
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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 June 1, 2016, at around 17:40, the Defendant received a report that she sprinks in the Suwon-gu, Busan, Suwon-ro 43, and committed each assault, such as the circumstances to which she belongs to the B police box, and the DospD sponsing the right shoulder of the above C by hand, and sprinking it, when she took a defective bath to conduct on-site investigation.

As above, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases by the above C and D, a police officer.

2. On June 1, 2016, at around 17:48, the Defendant: (a) arrested a flagrant offender as a flagrant offender for the same reason as the preceding paragraph; and (b) deemed that the foregoing D was discharged from the police while taking a bath to the police officer; and (c) subsequently, assaulted the police officer at the right knee level of the said D on one occasion.

Accordingly, the Defendant interfered with legitimate execution of duties such as the management of a flagrant offender with the above D, who is a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of the police made to D, C, and F;

1. Application of Acts and subordinate statutes to investigation reports (including photographs attached thereto);

1. Article 136 of the Criminal Act as to the facts constituting the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. From among concurrent crimes, the defendant's liability for the reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act is not minor, but the defendant's confessions, his age, occupation, circumstances leading to the instant crime, attitude after the instant crime, and past criminal records shall be determined as ordered by taking into account all the normal materials revealed in the trial process, such as the defendant's confessions, age, occupation, circumstances leading

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