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(영문) 부산지방법원 서부지원 2021.01.29 2020고단1407
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On May 14, 2020, at around 02:10, the Defendant assaulted on one occasion the face and chest of the police officer, who was sent back after receiving a report of 112 that a person was under the influence of alcohol in front of the Busan YY-gu B, Busan, and received from the police officer D belonging to the CY-gu, Busan, who was under the influence of alcohol, and was able to take the face and chest of the police officer, who was boomed to D, and boomed to the police officer D, on one occasion, respectively.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases and the maintenance of public peace and order by police officers.

2. The Defendant wishes, at the time and place stated in the preceding paragraph, to “A police officer D and police officers E who belong to C District D with Busan District D and police officers, who want to start, die, and die, while the Defendant’s name and influences around Busan District D and police officers:

N. L. L. L.C.

개새끼야, 니 죽인다, 개 자슥아 좆같은 새끼야" 라고 큰소리로 욕설하여 공연히 피해자들을 모욕하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on complaint filed against D in the police statement protocol E;

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 311 of the Criminal Act;

1. Selection of imprisonment with prison labor for the selection of a punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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 stay of execution (see, e.g., conditions favorable to the following grounds for sentencing):

1. In order to establish a legal order of the country with reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and eradicate the light view of public authority, it is necessary to strictly punish a crime interfering with the performance of official duties.

The fact that there are many criminal records of violence against the defendant, and the fact that the attitude of the defendant was bad after the crime is also disadvantageous to the defendant.

However, the defendant has no record of punishment for the same criminal record or the suspension of execution of imprisonment without prison labor.

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