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(영문) 부산지방법원 2017.02.01 2016고단7904
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On October 5, 2016, at the Busan Youngdo Police Station B box located in the Busan Youngdo Police Station around 22:00, the Defendant: (a) called the taxi engineer C and the taxi fare; and (b) tried to look at the above police box by the Defendant and C; and (c) expressed that “the aged and the police box was sweeted, sweeted, sweeted, sweeted, and sweaked,” to the police box affiliated with the above police box, who was reported to do so by the Defendant and C; and (d) stated that “the police box ought to be sweeted, frighted, bit a bitched, sweeted” to the police box affiliated with the above police box.

Drather, we saw this dog, “this dog,” and spite in the face of E with drinking, etc. one time.

Defendant E continues to stay together with himself, and “The matters of the complaint against the taxi article shall be reported on the taxi article and the taxi fee shall be paid.”

On the ground that he said E said, he expressed his speech, “A bitch bitch bitch bitch bitch bitch bitch” to the above E, and obstructed the police officer’s legitimate performance of duties who had been on duty in the above box where he had been on duty within the inner part of the E’s entrance, by taking once the hand room of E’s left bitch bitch bitm.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes of each police statement protocol to C;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act on the suspension of execution of sentence is that the defendant assaulted a police officer as above and obstructed the performance of his official duties, and the nature of such crime is not weak.

However, the sentencing conditions in the records, such as the defendant's age, health, occupation, sexual conduct, family relationship, motive and circumstance before and after the crime, shall be determined by comprehensively taking into account the following factors: (a) the defendant is against the defendant; (b) there is no criminal record of the same kind; (c) the damaged police officer and the police officer who have agreed to do so; and

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