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(영문) 부산지방법원 2014.07.28 2014고단4004
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[Criminal Power] On August 11, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) in the branch court of the Busan District Court on August 11, 2009, and the same criminal records are more than 11 times.

【Criminal Facts】

1. From April 29, 2014 to 01:50 on the same day, the Defendant insultd the victim through a large amount of the victim’s “E” hall operated by the victim D (here, 56 years of age) located in the Busan East-gu, Busan (hereinafter referred to as “E”), and, without any special reason, taken the victim’s speech, such as “Chewing, pacta, pacta, pacta, pacta, and pacta,” while the victim’s listens to an unspecified number of customers.

2. In the date, time, place, etc. set forth in paragraph (1), the Defendant: (a) committed an act as if he were to take the victim’s bath while doing so; and (b) took the bath to other customers outside of the said place, such as “nicks and rings,” and fluences, etc.; and (c) obstructed the victim’s drinking business by force.

3. On April 29, 2014, the Defendant: (a) committed an act of obstruction of performance of official duties, around April 29, 2014, on the part of the Defendant: (b) committed an assault, such as, on his hand, franchising the franchis of the said G, by stating, “When the franchisium G belonging to the Busan East Police Station, which was called upon 112 reports, requests the payment of the drinking value and returning home, franchising the drinking value, franchising the franchis of the said G.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D and G;

1. Relevant Article 136(1) of the Criminal Act for the crime concerned, Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, the choice of imprisonment for a crime

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

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