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(영문) 부산지방법원 2017.02.03 2016고단5402
공무집행방해등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violence;

A. On August 26, 2016, around 15:54 on August 26, 2016, the Defendant used violence against the Victim C in front of an Arabic elementary school located in 237-3 in the Seo-gu Busan Metropolitan City.

D In the city bus No. 134, the victim C (34 tax) who was next to the city bus "I kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't.

B. The Defendant, at the above date, at the above time, at the place, and at the 112 report, expressed the Defendant and the Victim C’s desire to make a statement about the witness E (56 years old) in the course of investigating the circumstances of the instant case against the Defendant and the Victim C, and assaulted the Victim E (56 years old) with the victim’s left face 4 times due to drinking, and with the victim’s booming part of the victim’s boom.

2. The Defendant obstructed the performance of official duties at the same date, time, and place as set forth in paragraph 1(a) of this Article, and when being investigated by G of the police box of the Busan Western Police Station F of the Police Station, who was called out after receiving 112 a report as above, and by the police officer G of the Busan Western Police Station, as set forth in paragraph 1(b) of this Article, used the Defendant’s chest to assault the victim E to take three times, and used the Defendant’s chest to take six times to walk the right bridge of H, as set forth in paragraph 1(b).

Accordingly, the defendant interfered with the legitimate execution of duties of police officials on 112 reports.

Summary of Evidence

1. Each legal statement of witness E and G;

1. Each statement made with respect to C, E, G, and H;

1. Application of investigative reports (on-site conditions, etc.) and photographs of each damaged statute;

1. Article 136 (1) and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. The Criminal Act, the suspension of execution;

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