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(영문) 부산지방법원 동부지원 2018.01.17 2017고단2393

공무집행방해

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 25, 2017, around 21:15, the Defendant: (a) committed assault to the above F while taking a bath on the part of the F in drinking, on the ground that there was a dispute, such as: (b) the Busan Coast Guard C District of the Busan Coast Guard in Busan Shipping Daegu B; and (c) he took a bath to D, and (d) the said C District of the said C District of the said C District of the said District of the said District of the said District of the said District of the said District of the said District of the said District of the said District of the said District of the said District of the said C of the said District of the said District of the said C of the said District of the said Party upon receiving a D’s report to D,

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of police officers' order and criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. On the investigation report (on the spot dispatch situation, etc.), the defendant asserted to the effect that he did not assault a police officer, and considering the facts acknowledged by the evidence duly adopted and investigated by this court, the facts charged in this case is found guilty, in light of the following: (a) the statement of a victimized police officer is specific and natural; (b) the statement of a victimized police officer is specific and natural; (c) the police officer is difficult to find the reason to dismiss the defendant; and (d) the fact that the defendant was pushed a police officer by hand, etc.

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and Article 62-2 of the Social Service Order is an unfavorable circumstance, such as: (a) the act of exercising physical power to a police officer called out after receiving a report that he/she was under the influence of alcohol; (b) the nature of the crime is not good; (c) the defendant has a criminal record of violence; and (d) the defendant has a criminal record of violence; and (

However, it does not reach a very serious degree of physical power used by the defendant, and exceeds a fine to the defendant.