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(영문) 부산지방법원 서부지원 2017.08.14 2017고단412

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

At around 01:40 on March 30, 2017, the Defendant, while under the influence of alcohol, was found to be in the D box located in the Busan Sacho-gu C, and was assaulted by the police officer. Accordingly, the Defendant was claimed to request the hospital to move to the hospital, and the Defendant was aboard and moving the ambulances under the same movement, such as the police officer E, etc. who belongs to the Busan Sacho-gu Police Station.

At around 02:30 on the same day, the Defendant: (a) on the Gelter road located in Busan City F, the Defendant: (b) on the same day, while getting on and moving an ambulances, and (c) demanded the police station to re-influence to the police station while crossinging whether he was under the influence of alcohol; (b) while getting on and moving the ambulances, the Defendant obstructed the police officer’s legitimate performance of duties concerning the treatment of civil petitions by assaulting the police officer, who is a public official, by assaulting the police officer E, who was taking the patrol vehicle getting off from the ambulances from the police officer E while taking a bath, and continuing slurfing E face.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. Application of the Act and subordinate statutes to a criminal investigation report (verification of the contents of the video CD recorded at the time of committing a crime);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances required for the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Community Service Orders;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. The scope of recommended punishment on the sentencing guidelines [the types of decisions] the basic area of punishment [the scope of recommended punishment, the scope of recommended punishment], six months from imprisonment to one year and six months, shall interfere with the performance of official duties.

3. The Defendant, prior to committing the instant crime, had had a record of criminal punishment several times due to the instant crime, such as insult, assault, and obstruction of duties, once again, breathed so as to take a bath against the police officer and exercised violence.

This is disadvantageous to the defendant.