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(영문) 부산지방법원 2018.09.11 2018고단2693

공무집행방해등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 29, 2018, the Defendant: (a) opened a window installed inside the victim’s residence in the parking lot for multi-household housing located in Busan Dong-gu, Busan (45 years of age) around 00:10 on May 29, 2018, and received a claim from the victim of this day; (b) opened the victim’s home, the Defendant abused the victim by drinking the victim’s distribution and shouldering, and booming the victim’s eye and Handphones when 2 times the victim’s eye was reported.

2. The Defendant interfered with the performance of official duties on May 29, 2018, who was arrested in flagrant offender for the crime described in paragraph 1 at the Busan East Police Station E District located in Busan Dong-gu, Busan, Dongdong-gu, Busan, about May 29, 2018, and was arrested as a flagrant offender.

The spitation theory called this head "," and spitation on the floor and sub-spit of the above global office, and as a result, assaulted F with the wheels to put F on the right side of the area, such as F.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of arrest cases against flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the laws and regulations on police statements made to C, F, and G;

1. Relevant Article 260 of the Criminal Act, Articles 260 (1) and 136 (1) of the Criminal Act (the point of violence) concerning criminal facts, the choice of punishment, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of the recommended punishment according to the sentencing guidelines for the crimes falling under Category 1 (Obstruction of Execution of Official Duties) [Scope of the recommended punishment] and the scope of the final sentence due to the aggravation of multiple offenses, for which the basic area (from June to June 1) (the scope of the recommended punishment) that there is no person subject to a special sentencing] [the scope of the punishment] of the crimes of assault 2 (Assault) [the scope of the recommended punishment] of the basic area (from February to October] of Category 1 (General Violence) (no person subject to a special sentencing] of Category 1 (No person subject to a special sentencing]: Six months to November 6:

2. Determination of sentence;