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(영문) 부산지방법원 2015.08.18 2015고단2819
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 23, 2015, the Defendant, at the C District located in Seo-gu, Busan, on April 23, 2015, committed assault by the police officer D, who received a report from a taxi driver, that the Defendant, who was aboard a taxi for business purpose, did not get a taxi under the influence of alcohol, was able to take the seat of the Defendant, and recommended the Defendant to pay the taxi fee and return to the Republic of Korea, while taking a bath.

As a result, the defendant interfered with the police officer's legitimate execution of duties against the protective measures and crime prevention against the principal offender, and at the same time, the victim D(30 years of age) was suffering from the injury to the character of the oral and oral surgery that requires treatment for about 10 days.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 136 (1) and 257 (1) of the Criminal Act applicable to the facts constituting an offense;

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 (Consideration of the accused, the degree of obstruction of performance of official duties, and the fact that the accused has no penalty exceeding the fine, etc.);

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