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부산지방법원 2016.10.19 2016고단4930

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On June 25, 2016, around 22:55, the Defendant continued to enter into the above restaurant even upon receiving a report from the head of the Busan Southern Police Station D District D District E affiliated with the Busan Southern Police Station where the Defendant called out after receiving the report that the Defendant scam in the above restaurant.

Accordingly, the Defendant committed assault to the above E, such as following the Defendant: (a) “I am knife, I am knife, I am knife, I am knife, I am knife, I am knife, I am knife.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of the Acts and subordinate statutes to photographs of damaged police officers;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is committed by the Defendant, despite the previous conviction, obstructing the performance of official duties by assaulting the police officer as above, and the nature of the crime is not weak.

However, the sentencing conditions in the records, such as the defendant's age, occupation, character and conduct, family relationship, motive and circumstance before and after the crime, etc. shall be comprehensively considered, and the punishment like the order shall be determined.