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(영문) 부산지방법원 2014.01.08 2013고단7159
특수공무집행방해
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 07:10 on September 24, 2013, the Defendant: (a) committed assault to the Do Public Security Center located in the Busan Seo-gu, Busan; (b) “The Dogg has left the taxi without getting off the taxi; and (c) interfered with a police officer’s legitimate performance of official duties concerning the duties of 112 reporting and handling general reports by assaulting the F, who committed assault to the 112 reporting and handling general reports, on the ground that F, who was dispatched at the request of a cab engineer for business purpose, had him get off the taxi.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 144 (1) and 136 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (where the defendant supports his/her wife and children, and children are under severe punishment due to traffic accidents, such as paralysis to the right side, vision disorder, and language symptoms, family's livelihood is difficult, and police officers also seek a preference, and there are no criminal records of the suspension of the execution of the same kind of imprisonment or imprisonment);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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