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(영문) 부산지방법원 2015.11.04 2015고단4693

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:20 on July 9, 2015, the Defendant took a bath to the police officers belonging to the Busan High Police Station C District District of the Busan High Police Station who called "I ambly," who called "I ambly," and called "I ambly, I ambly on the back of the victim D (the age of 25) who is a police officer belonging to the said district unit." The Defendant was placed at the lower part of the victim E (the age of 49) who is a police officer belonging to the said district unit, and was placed at the back of the victim E (the age of 49) who is a police officer belonging to the said district unit. The Defendant was able to take the arms of the said D and interfere with the legitimate execution of duties by the police officers related to the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning damaged police officers;

1. Application of Acts and subordinate statutes to investigation reports (field photographs, etc.);

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] There is no person who has the basic principle (6-1 year and April) of the obstruction of performance of official duties (6-1 year and April) [Pronouncement Decision] of the Criminal Code. The crime of this case is committed by assaulting police officers dispatched to the defendant's failure to commit the crime of this case, thereby obstructing the execution of official duties, and the nature of the crime is not easy.

However, in light of the fact that the defendant is against the defendant, one of the victimized police officers, and the defendant's age, criminal records, character and conduct, environment, motive and circumstance of the crime, and the circumstances after the crime, the punishment shall be determined like the order, taking into account all the circumstances.