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(영문) 부산지방법원 2016.03.17 2015고단8629
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 22, 2015, at around 01:10 to 01:40, the Defendant obstructed the operation of the main points of the said victim by avoiding disturbance for about 30 minutes, including, but not limited to, “A” in the “E”’s operation of the victim D (34 kn, n, n, and n) located in Busan coastal Zone C.

2. The Defendant damaged the property by having his name-free customers, who interfered with the victim’s business at the above time and place, keep the victim’s business unfolded away from the floor, thereby damaging the damaged portion of the fire that was owned by the victim.

3. The Defendant interfered with the performance of official duties by assaulting the police officer F, who was dispatched upon receipt of a report at the above time and place, such as the defect that the police officer F was about to go to the Defendant, the said police officer’s desire to take one time to go to the Defendant, the breath, the breath, the breath, the breath, etc., and the breath, the b

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to photographs by capturing damaged photographs, on-site video images;

1. Relevant legal provisions of the Criminal Act, Articles 314(1) ( point of interference with business), 366 ( point of damage to property), 136 (1) ( point of interference with the performance of public duties) of the Criminal Act, and the choice of imprisonment for a crime, respectively;

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

1. Article 62(1) of the Criminal Act (see e.g., Reasons for sentencing)

1. For the reasons for sentencing under Article 62-2 of the Social Service Order Act, the first crime (Interference with the performance of official duties) [Scope of recommending punishment] and the second crime (Interference with the performance of official duties) in the basic area (from June to January to April), which has no special sentencing person [the scope of recommending punishment] [the scope of recommending punishment] in the mitigation area (from January to August) in the mitigation area (Article 1 (Interference with the Duties), [the scope of recommending punishment] in the mitigation area (Article 1 (Interference with the Duties) [Article 1-8] in the mitigation area (Article 62-2 of the Social Service Order Criminal Act / [the scope of recommending punishment] In the mitigation area of the mitigation area (Article 1-6 months) in the general standards (Article 1 (Destruction to June).

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