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(영문) 부산지방법원 2016.01.14 2015고단6732

공무집행방해

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

On September 2, 2015, at around 01:45, the Defendant: (a) assaulted the Defendant, on the street in front of the music shop in Busan Youngdo, on the ground that: (b) Party E, the police officer of the police box affiliated with the Yeongdeungpodo Police Station, dispatched after receiving a report of 112 that the Defendant avoided the disturbance without paying the drinking value, asked the Defendant for the instant case; (c) obstructed the Defendant’s legitimate performance of duties by the police officer with regard to the treatment of the reported case.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties and the choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the absence of any record of punishment for a confession or a crime of obstructing the performance of official duties);

1. The community service order under Article 62-2 of the Criminal Act;