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(영문) 부산지방법원 동부지원 2019.06.27 2019고단636
공무집행방해등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 01:00 on March 13, 2019, the Defendant was at the time when the victim C (the age of 54) established on the front of the Busan Suwon-gu was sent back to the victim’s name and face in the D taxi operated by the victim C (the age of 54) on the ground that the Defendant had expressed and threatened the victim’s desire and threatened the victim and demanded the victim to leave the vehicle.

2. 공무집행방해 피고인은 제1항 기재 일시, 장소에서, 112신고를 받고 출동한 부산남부경찰서 소속 순경 E가 택시 블랙박스 영상을 통해 제1항 기재 폭행 장면을 확인한 후 피고인을 현행범 체포하려고 하자, 손으로 E의 엄지손가락을 잡아당기고, 양손을 잡아 꺾고, 발로 E의 복부, 팔 부위를 수회 찼다.

Accordingly, the defendant interfered with the handling of 112 reported cases by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of C and E;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 136(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, the choice of imprisonment for a crime

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;

1. Although the sentencing reasons in Article 62-2 of the Criminal Act are not good, the sentencing conditions of the defendant are determined as ordered, considering all the following factors: the defendant's age, environment, means and results of the crime (the degree of intimidation and violence) and circumstances after the crime, although it is not good for the defendant to commit the crime. However, the defendant is against the defendant and has the record of being punished twice due to violence, etc.;

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