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(영문) 부산지방법원 2015.12.08 2015고단5610
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:30 on May 15, 2015, the Defendant: (a) went to a C-cab driven by the victim B (year 47) prior to the 65 Incheon Seocheon-ro, Seocheon-gu, Busan; (b) and (c) destroyed the said vehicle’s taximeter, e.g., e., g., g., e., g., g., e., g., e., g., e., e., g., 1,000

2. The Defendant engaged in obstruction of performance of official duties: (a) the victim E, who was sent to the Busan Northern Police Station D District, after receiving a report of 112 that he destroyed a taxi at the time and place specified in the above paragraph (1) and was arrested the Defendant as a flagrant offender for the same reason as the above paragraph (1); (b) the Defendant: (c) was able to remove the patrol even, walking the satch; (d) was flicking the flick; (c) the Defendant flicked the flick; (d) flicked the flick; (d) flicked the flick; and (e) flicked the flick; and (e) flicked the flick part of the said victim’s chest and part

Accordingly, the defendant interfered with the legitimate execution of duties by police officers, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of B and E;

1. Photographs taken on the part of damage to a taxi or of a police officer;

1. The application of Acts and subordinate statutes to an investigation report (a written estimate and written diagnosis);

1. Articles 366, 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (including the reflectivity of the accused and the fact that only one time of fine is involved in the suspended execution);

1. Social service order under Article 62-2 of the Criminal Act;

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