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(영문) 부산지방법원 2016.01.21 2015고단5111
공무집행방해등
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

1. On June 24, 2015, the Defendant interfered with the performance of official duties: (a) on the road in front of the external emotional sentiments of the E prison located in D around June 15:09; (b) on the ground that F of the correctional officials belonging to the E prison, who were working in the front of the emotional portrait, expressed that F of the E prison, who expressed a desire to F on the ground that the Defendant is bad to the Defendant, would be undermining F’s face; and (c) the F of F, who said, takes the TRless electricity out of Korea.

Then, after photographing the defendant, assaulted the defendant by using F's hand as if he would be the head of the F.

As a result, the defendant interfered with the legitimate execution of duties of prison officers with respect to prison duty.

2. 모욕 피고인은 같은 일시, 장소에서 위와 같이 피해자 F과 다투다가 성명 불상 할머니와 E 교도소 기동 순찰 팀 소속 G 외 6명이 듣는 가운데 “ 이 새끼 병신 아”, “ 시 발 눈깔 깔아 라, 말단 공무원 새끼가 어쩔 껀 데 ”라고 큰 소리로 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each service report of F, G, and H;

1. Application of each statute on photographs;

1. Articles 136 and 311 of the Criminal Act applicable to the facts constituting an offense;

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] The sentence shall be determined as per the order, taking into account the following: (a) there is no basic area (six months to one year and four months) (the period from June to four months) (the person subject to special sentencing) (the decision of sentence is not good; (b) the motive and nature of the crime is not good; (c) the commission of the crime was deposited for the victim; (d) there is no same record as that of depositing one million won for the victim; and (e) the fact that the crime was committed against the victim.

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