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(영문) 부산지방법원 동부지원 2017.11.30 2017고단2182

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 24, 2017, at around 23:50 on September 24, 2017, the Defendant got disturbed at the “E” singing shop located in Busan Shipping Daegu D, and the Defendant: (a) 112 reported to the police officer belonging to the F District of the Busan Coast Guard Police Station, who was called up for “I am going against the disturbance without drinking value; (b) Had the face of G one time with the left hand; and (c) kid by coercioning G with the left hand.

Defendant continued to do so in the front of the above main point, saying “I shall die” to G, and assault G with both hands once.

Accordingly, the Defendant interfered with legitimate execution of duties concerning reporting processing and maintenance of order in G 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Application of investigation reports (at the time of dispatch to the scene), investigation reports (at the time of dispatch to the scene, reporting on I telephone conversations at the seat of a wooden range);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is committed at the main point and by using violence to the police called out after receiving a report, and is disadvantageous to the nature of the crime.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the defendant does not have any criminal records exceeding the same criminal records or fines.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Interference with the Execution of Official Duties: Group of Crimes Interfering with the Execution of Official Duties, Interference with the Execution of Official Duties, Type 1 (Interference with the Execution of Official Duties/ Compellion, etc.)