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(영문) 부산지방법원 2016.11.17 2016고단147
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On November 28, 2015, from around 20:30 to 21:20, the Defendant: (a) had been under the influence of alcohol in the first floor of the C Hospital located in Busan Jin-gu, Busan; (b) had been unable to avoid disturbance over about 50 minutes, such as having the victim D, who is a security staff member of the said hospital that prevents him/her from taking a bath, talking him/her, and selling him/her; and (c) having the victim intending to take the arms.

In the end, the Defendant interfered with the security of the victim without any justifiable reason by force.

2. The same date, time, and place of the Defendant’s obstruction of performance of official duties, as described in paragraph (1), was 112 reported and called out from the slope F belonging to the Busan Police Station E-district of the Busan Police Station, and the said F was able to take a bath with a large sound, and the said F was able to take a walk, and the chest was drinking twice.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the above F F's 112 reporting processing duties.

Summary of Evidence

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes of the investigative report (number 2,5);

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime

1. The scope of final sentencing due to the aggravation of multiple concurrent crimes for which there are no basic area (referring to the scope of recommendations) (referring to June to January 1), the basic area (referring to the obstruction of performance of duties) (referring to the scope of recommendations) (referring to the obstruction of performance of duties), and the scope of final sentencing due to the aggravation of multiple concurrent crimes for which there is no basic area (referring to June to January 1 and April 4) of the obstruction of performance of duties (referring to the scope of recommendations) (referring to the obstruction of performance of duties) (referring to the obstruction of performance of duties) (referring to the scope of recommendations), among concurrent concurrent crimes, for the reasons of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (referring to the violation of the quality of each of the crimes in this case), the age, character and conduct, environment, degree of reflectness, etc. of each of the crimes in this case.

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