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(영문) 부산지방법원 2018.07.25 2018고단1639
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 April 10, 2018, around 00:17, the Defendant: (a) brought the victim C (55 years old) who was on the street, without any justifiable reason, at around the gravel parking lot located in 93, Jung-gu, Busan, Jung-gu, Busan; (b) brought the victim C (5 years old) with a breath’s bat; (c) expressed the victim’s breath, “the bat”; and (d) expressed the victim’s breath to the victim.

The defendant continued to report 112.

The victim took the face of the victim one time by drinking the victim.

Accordingly, the defendant assaulted the victim.

2. On April 10, 2018, around 02:59, the Defendant obstructed the performance of official duties, at the first floor of the Busan Central Police Station and the criminal watch room of the Busan Central Police Station located in 105, as the center of the Busan Central Police Station, and on the same ground as paragraph 1, the Defendant was arrested as a current offender on the same day and was investigated on the same day without any justifiable reason, and committed assault to D with the slope of the Busan Central Police Station that was investigating the Defendant, leading the Defendant to drinking.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on criminal investigations.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police against D;

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

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

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 on the suspended execution;

1. For the reasons for sentencing in Article 62-2 of the Criminal Act for sentencing of Article 62-2 of the Criminal Act: Crimes 1 (Obstruction of Execution of Official Duties) [Scope of Recommendation] 1 (Obstruction of Performance of Official Duties and Compelling of Duties) in the basic area (from June to January 1) (the scope of recommendations) 2 (Assault) in the basic area (including violence) / The scope of recommendations) / The final sentencing scope based on the aggravation of multiple crimes in the basic area (from February to October) 1 (the scope of recommendations from February to October): there is no record of punishment exceeding a fine in six months to November 11 (the decision of a sentence]; and violence in a short term.

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