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(영문) 부산지방법원 2016.04.28 2015고단5288
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Around 22:37 on June 27, 2015, the Defendant: (a) asked the victim D to perform alcohol within the frequency of “E” operated by the victim D in Busan Young-gu, Busan; (b) but the victim did not have much alcohol; (c) whether the victim’s “for the same year during which the victim would have taken a large amount of alcohol,” the Defendant could see whether the victim’s “for the same year during which the victim would have taken a large amount of alcohol.”

The 10 minutes' force, such as putting a bath and putting a boom, interfered with the victim's restaurant business operation by force.

2. The Defendant interfered with the performance of official duties, on the ground that G, the police officer of the F police box, who was dispatched upon receipt of the report 112, prevented the Defendant from wearing the above frank, G, who was the police officer of the F police box affiliated with the F police box, who was called out after receiving the report 112, committed assault to G, such as “a frightening flag, ging off, ging off, ging off, ging off, ging off, ging off, ginging off, ging off, ging off, and ging off, as to the handling of the report 112 case.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and G;

1. Relevant Article 136 of the Criminal Act, Articles 136(1) and 314(1) of the Criminal Act, the choice of imprisonment for a crime, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The scope of the final sentence due to the aggravation of crimes for the reasons for sentencing under Article 62-2 of the Social Service Order and Article 62-2 of the Act on the Protection and observation of Crimes (Interference with Duties) [the scope of recommendations], the basic area of crimes (Interference with Duties) No. 1 (Interference with Duties) [the scope of recommended punishment] 2 (Obstruction of Performance of Official Duties] without any special sentencing person / [the scope of recommended punishment] 1 type (Interference with Duties / From June 1 to 4 months) of the basic area (the scope of recommended punishment] / the basic area (the special sentencing person] / the final sentence due to the aggravation of punishment: The contents and nature of the crime of the instant sentence sentenced from June to February 2, 200, the criminal records of the Defendant, the age of the Defendant, the Defendant’s sex, the environment, etc., shall be determined as per the order.

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