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(영문) 부산지방법원 2016.04.28 2016고단779

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

Reasons

Punishment of the crime

1. Around 00:10 on February 10, 2016, the Defendant: (a) committed assault against the victim on the ground that the victim was aware of the victim’s c taxi that was under the influence of alcohol on the roads near the subway station No. 4 located in the Dong-dong-dong-dong-dong-dong-dong-gu, Busan, and the victim was aware of the victim’s c taxi that was under the influence of alcohol on the roads of the subway No. 54 (54).

2. The Defendant interfered with the performance of official duties, at the time and place specified in paragraph (1), and at the place specified in paragraph (1), reported to the site by 112 that “A police officer belonging to the Busan East Police Station D District, who called to the site after receiving a report on “a person under the influence of alcohol to get a taxi to get a taxi” to verify his/her facts

Da. The police officer, Da. Ga. Ma, G. Ma, L. Ma, L. Ma, L. Ma, L. S.

“In doing the bath theory as “,” the breath was assaulted by breathing E with breath’s hand, destroying E in excess of the floor by pushing ahead.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. Application of the Acts and subordinate statutes to photograph police officers;

1. Relevant Article 136 of the Criminal Act, Articles 136 (1) and 260 (1) of the Criminal Act, the choice of imprisonment for a crime, and the choice of imprisonment for a crime;

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. For the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution of Punishment, Article 62(1) of the Criminal Act, the scope of the final sentence due to the aggravation of multiple crimes with no basic area (two or more months to October) (where there is no person subject to special sentencing) (the scope of the recommended punishment) of the basic area of crimes (including violence) under Article 62(1) [the scope of the recommended punishment] under Article 62(1) of the Act on the Suspension of Execution of Punishment: The defendant who was sentenced in June to September to September or September is deemed to have committed the instant crime in depth and committed the instant crime; the first one is to have committed any contingent crime; and the first one is to have committed the instant crime.