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(영문) 부산지방법원 2018.10.18 2018고단3591

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 13, 2018, at around 01:35, the Defendant: (a) was drunkly crossing on the road in front of Busan B, and was found to have been aware of it to the head of the police station D affiliated with the Busan National Police Station D, the Defendant continued to take a bath to the head of the police station E; (b) upon receiving a request for support from the head of the Busan National Police Station F District, the Defendant committed assault, such as taking a bath to G, taking a hand, having the chest of G, who was requested to present his identification card from the head of the police station affiliated with the Busan National Police Station F District to the head of the police station at the site.

Accordingly, the defendant's police officer's legitimate execution of duty was hindered.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of E;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] There is no person [the person who has been subject to special sentencing] in the basic area (from June to one year and six months] [the decision of sentencing] [the decision of sentencing] appears to have the attitude of recognizing and opposing the facts of the crime in this court, and other circumstances, including the background, means and method of the crime in this case, the circumstances after the crime in this case, the defendant's age, sexual behavior, environment, etc., and the conditions of sentencing under Article 51 of the Criminal Act as shown in the records and arguments of this case, shall be determined as the Disposition.