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(영문) 부산지방법원 서부지원 2018.04.06 2017고단1624

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 16, 2017, the Defendant was under the influence of alcohol in the front of Busan City, Manopo-gu, Busan, on August 16, 2017.

“Around 112, as the Busan Police Station D District E and the police officer F sent to the site upon receipt of a report, demanded the Defendant to return home by shouldering the Defendant, the police officer assaulted the said police officer, “A, the police officer, frans, frans, frans, franscing the above F’s head, francing the fat, fating the fat, fating the fat, fating the fat, fating the fat, and fating the fat, fating the fat, and fating the fat, and fating the fat.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and E;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. The reason for sentencing selective punishment of imprisonment with prison labor ought to be strictly punished to interfere with legitimate performance of official duties.

It is inevitable to sentence a sentence even if considering favorable circumstances in favor of the fact that the defendant has already been punished by a fine for one time due to interference with the performance of official duties (2013) and has already been punished by a single suspended sentence (2015), and has already been punished by a single suspended sentence (2015).

The punishment was determined in consideration of various sentencing conditions shown in the arguments in this case, such as the defendant's age, sexual conduct, environment, motive, means, and consequence of the crime.