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(영문) 대구지방법원 2015.11.05 2015고단3677
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who operates a manpower office.

On July 15, 2015, at around 20:05, the Defendant: (a) on the road in front of the D convalescent Hospital located in Busan Metropolitan City, around 20:05; (b) on the city bus No. 309, after receiving a report from the city bus that the Defendant gets off the Defendant; and (c) the background F and F of the region belonging to the Busan Metropolitan Police Station E zone, which called the Defendant, called the Defendant to see why the Defendant gets off the bus; and (d) the Defendant spit the Defendant by asking the Defendant that she she she would be shed off the bus.” The Defendant spited the F’s shoulder by asking the Defendant that she she she was sat down the side shed by her hand and she was sat down the her face with her face she was sat down on the floor.

Accordingly, the defendant interfered with the police officer's 112 patrols and legitimate performance of official duties concerning crime prevention affairs.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to report internal accidents (as regards any disturbance inside the city bus of the suspected victim), investigation report (assigning to the detailed statement of handling the 112 reported case);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The sentencing guidelines for the sentencing of Article 62-2(1) and the proviso of Article 62-2(2) of the Criminal Act and Article 59 of the Act on Probation, Etc. are set forth as the range of recommendations for the crime of obstruction of performance of official duties from June to one year and four months (the crime of obstruction of performance of official duties, obstruction of performance of official duties, type 1 and basic area).

However, the sentencing criteria do not present a separate method of dealing with the commercial concurrent crimes, so this case does not apply the sentencing criteria, but only for the proper sentencing.

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