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(영문) 부산지방법원 2012.12.05 2012고단8197

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 23:10 on September 23, 2012, the Defendant obstructed the legitimate performance of official duties of E by assaulting the police officers belonging to the D District Zone, who were dispatched after receiving the Defendant’s 112 report that he was assaulted by his female C, with the Defendant’s 112 report, to the said D District Zone, by having the Defendant take aboard, open the patrol gate, take the Defendant’s own desire to get out of the said E’s face, and go beyond the face of the said E by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and C;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The basic area of the obstruction of performance of official duties according to the sentencing guidelines: Imprisonment with prison labor for not less than six months nor more than one year and four months;

2. Failure to choose the suspension of execution on the ground of the previous department (not less than three years and a fine not exceeding five years);

3. Six months of imprisonment with prison labor for a sentence; and