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(영문) 부산지방법원 2018.06.18 2018고단1628
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On April 14, 2018, the Defendant did not pay taxi expenses on the front side of the Busan Jin-gu C, Busan, and received a penalty payment notification (light crime, KRW 50,000) from the victim E, a police officer affiliated with D District Police Station D in Busan, which arrived at the scene of the 112 report from the 112 report of the taxi engineer, and reported the victim who want to board the patrol vehicle, and reported the victim to the head of the patrol vehicle, the victim's arms were cut between the door and body of the vehicle, and the victim interfered with the legitimate performance of duties by the police officer on the prevention, suppression, and investigation of the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (limited to the suspension of execution of imprisonment, but to provide community service for a considerable period of time, considering the circumstances of the crime, the liability for the crime is not less light in light of the result of the crime, the punishment for the same crime has been imposed, the circumstances of the crime are poor, or there is no record of crime exceeding the fine

5. Social service businesses under Article 62-2 of the Criminal Act.

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