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(영문) 부산지방법원 2017.06.15 2016고단8083
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 16, 2016, at around 17:55, the Defendant: (a) was the victim who was requested to pay the taxi fee using a D taxi operated by the victim C (56 tax) and then received a request for the payment of the taxi fee from the dong police station located in the name of 70, Dong-dong, Busan, Dong-gu, Busan; (b) around November 16, 2016.

“In doing so, the victim’s taxi business was obstructed for about 20 minutes by avoiding disturbance, such as intending to go to the victim’s face by drinking, and by preventing the victim from running the taxi business.

2. The Defendant interfered with the performance of official duties at around 18:20 on the same day, and at the same place as that of paragraph (1) of the same day, who was dispatched to the site after receiving C’s 112 report, and was urged by F to pay and get a taxi fee from the slope F belonging to the Busan East Police Station Edistrict in Busan East Police Station, and was assaulted by F on one occasion on one hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes and the maintenance of order in the field.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on police statements;

1. Article 314 (1) of the Criminal Act (the point of interference with business) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

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. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

The reason for sentencing shall be the first crime (Interference with the execution of official duties) [Scope of Recommendation] : the scope of final sentencing due to the multiple aggravated crimes (including one month to eight months) of the mitigation area (including a special mitigated person), the mitigation area (including a serious effort for recovery of damage) ; six months to one year and eight months); the defendant shall be sentenced in addition to the punishment records of this kind. The defendant shall be sentenced in six months to one year and eight months (decision of sentence).

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