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(영문) 부산지방법원 2018.03.29 2017고단3374

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On 01:50 on 27, 2017, the Defendant, at the main point of “D” located in the Dong-gu, Busan, Dong-gu, Busan, in order to take a look at the police officers, such as the captain and the customer, who were called for a fluence after receiving a report on his fluence from the police officers, such as the captain and the customer.

Accordingly, the Defendant, along with the above police officers, went out of the police officers, and spawned the febbial of the above F with his hand before the above main points.

As a result, the Defendant interfered with the F’s legitimate performance of duties on the dispatch of 112 reported report without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment for the crime (elective of imprisonment);

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [the scope of the recommended punishment] When the mitigated area (one month to eight months) (i.e., interference with performance of official duties and coercion of duties) (i.e., a special mitigated person) has the ability to impose a fine for the same kind of crime, intimidation, deceptive scheme, or public duties (i.e., a decision of sentencing). However, although the defendant shows his attitude to recognize and reflect on the fact of the crime, the degree of interference with the performance of official duties is relatively minor, and other circumstances, such as the background, means and methods of the crime in this case, the circumstances after the crime, the defendant's age, sexual behavior, environment, etc., and the conditions for sentencing under Article 51 of the Criminal Act as shown in the records and arguments, are