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(영문) 부산지방법원 2016.05.18 2016고단204
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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. A violation of the Punishment of Violences, etc. Act (joint assault) on October 29, 2015, the Defendant: (a) around 04:50 on October 29, 2015, was punished from the stairs in front of the DNA singing room in Busan, Busan, the victim E (inns, 19 years of age) and Si expenses; (b) took the face of the victim F (24 years of age) who is the daily act of the victim E; (c) taken the face of the victim E into drinking; (d) took the face of the victim on drinking; and (e) took the face of the victim on drinking; (e) the Defendant’s personal act of the victim on his hand 1 was sealed with the victim E, scambling the head, scambing the victim E, scam the victim E face, scam the victim F, scam the victim’s name, body, and (e) took the victim’s name when the Defendant, who was the victim’s act of assault of F.

Accordingly, the defendant assaulted the victims jointly with 1, 2, the name of the defendant.

2. 공무집행 방해 피고인은 2015. 10. 29. 05:20 경 부산 부산진구 G에 있는 H 식당 앞 노상에서, 112 신고 접수를 받고 출동한 부산진 경찰서 I 지구대 소속 경찰관인 경사 J이 운행하는 순찰차에 탑승하여 I 지구대로 가 던 중, 차량 뒷좌석에 앉아 운전석 의자를 발로 차는 등 소란을 피웠고, J이 이를 제지하기 위해 순찰차를 정지시킨 후 피고인 쪽 뒷좌석 문을 열자 발로 J의 가슴 부위를 발로 수회 걷어찼다.

Accordingly, the Defendant assaulted the police officer’sJ, thereby obstructing the police officer’s legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and J;

1. Application of Acts and subordinate statutes to investigation reports, photographs of victims, etc., investigation reports, and photographs of victims;

1. Article 136(1) of the relevant Article of the Criminal Act concerning criminal facts (the point of obstructing the performance of public duties), Article 2(2) and (1) of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 260(1) of the Criminal Act (the point of joint assault)

1. Selection of each sentence of imprisonment;

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