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(영문) 부산지방법원 2016.07.07 2016고단2015

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

The Defendant is a person who pays monthly electricity, etc. to the owner of the Mat, who is unable to know his name in front of the “CMat” in Busan-gu, and operates a packing bus store.

At around 17:30 on March 21, 2016, the Defendant: (a) requested the business owner of the Maart to “the reduction of electricity age, etc. because he is not well aware of funeral; (b)” but was refused; (c) when he collected a large volume of water, etc. in his packing, and was teared, he was dispatched from D after receiving 112 report on the Defendant’s disturbance, and the Defendant was forced to stop this act; (d) when he was dispatched from D, he was sent to D with the right-hand hand of D.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Application of Acts and subordinate statutes to tools of crime and photographs at scene of crime;

1. Article 136 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The basic area (from June to one year and four months) of the category 1 (Interference with the performance of official duties and coercion of official duties) [Judgment of sentence] that there is no such sentence [decision of sentence], and that there is no such a sentence contrary to the confession while making a confession, etc.