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(영문) 부산지방법원 2016.11.10 2016고단5420

공무집행방해

Text

A defendant shall be punished by imprisonment for not more than ten 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

On August 18, 2016, the Defendant, at around 02:15, committed an act of disturbance at his own residence, which is located in the Busan Seo-gu C and 210 Dong 1805, and the Defendant, upon receiving a report, entered the house by E and F, a police official belonging to the Busan Seo-gu Police Station D District Unit of the Busan Seo-gu Police Station, and to this end, the Defendant had threatened the Defendant with drinking, such as “I am, I am, I am, I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. to arrest the Defendant under the suspicion of obstruction of the performance of official duties, and interfered with the performance of duties concerning E’s on-site movement and criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] is acknowledged as follows: (a) there is no basic area (6-1-1-4 months) of the obstruction of performance of official duties (decision of sentence]; (b) there is a need for strict punishment for the crime of obstruction of official duties in order to protect the legitimate performance of official duties of the State and to establish sound social order; (c) the defendant has already been subject to criminal punishment for the crime of obstruction of official duties on two occasions or more; (d) the defendant has already been subject to criminal punishment for the crime of obstruction of official duties; and (e) the crime of this case has committed the same kind of crime even though he has been subject to a fine and a suspended sentence; and (e) the crime

On the other hand, it is also recognized that there is no record of criminal punishment since 2009, and there is no record of criminal punishment for the same crime after 2008.

The above circumstances.