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(영문) 부산지방법원 2018.10.31 2018고단3857

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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 July 19, 2018, in front of the store "C" located in Busanjin-gu, Busan, Busan, the Defendant expressed his desire to ask questions about the situation of the case, personal information, etc. from E, a police officer belonging to the Busan Police Station D police station, who called out after receiving 112 reports, such as putting the scam on the scam, and did not answer the question. As such, the police officer gets to own arms and return home, the Defendant used the scam of the above police officer on one occasion at his arms. As the police officer, who called out together, was arrested as the current criminal of interference with the performance of official duties from F, who was the police officer belonging to the above district, to be arrested as the current criminal of interference with the performance of official duties from the F, who was faced with the scambling, scambling the F, the scam of the F, the left son's right hand hand, etc.

As a result, the Defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

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 to F and E;

1. Application of Acts and subordinate statutes of the investigative report (the sequence 2,5,7,9 of the list of evidence);

1. Relevant Article of the Criminal Act and Articles 366 and 136 (1) of the Criminal Act concerning the choice of punishment (elective of imprisonment);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 44-2(1) and (2) and Article 2-3 subparag. 2 of the Act on the Protection, Observation, Medical Treatment, etc. of Medical Orders and the Medical Care and Custody Orders and Article 62-2 of the Criminal Act (which requires the Defendant to have a habitive habit of drinking alcohol, need to undergo medical care accordingly, and the risk of recidivism is also recognized) / [the scope of the recommended punishment] The basic area (from June to one year to four months) of the Act on the Obstruction of Performance of Public Duties / [the sentence] The Defendant has multiple criminal records, and there is a history of interfering with the performance of public duties, and the crime of this case is not good in view of the fact that the Defendant committed the crime of this case by exercising violence against police officers wearing uniform under the influence of alcohol.