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(영문) 부산지방법원 2016.06.09 2016고단1401

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for one year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 16, 2016, the Defendant reported that “A person who threatens a vehicle due to illness on the road” on the roads near the 199-ro of the Geumdong-gu, Busan, Seo-gu, Busan, and received a report from 112 and sent to the site, and the police officer D belonging to the Busan, Geumnam Police Station C District of the Busan, to check the status and facts of the Defendant’s identity.

G. R. L. L. L. L. L. L. L.W.

C. C. B. B. B. B. B. B. B. B. C. B. B. B. C. B. B. D. C. C. B. B. C. B. B. B. B. C. B. B. C. C. C. and C. B. B. B. B. B. B. B. B. B. C. 3. C. 1. B. B. C. 3. C. 1. C. 1. C. 1. C. 3. C. 1. C. and C. B. B.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to photographs taken by police officers for damage;

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] There is no basic area (from June to January, 1) (the person subject to special sentencing) (the person subject to special sentencing) (Article 62(1) of the Criminal Act) (the grounds for sentencing under Article 62(1) of the Criminal Act, and the circumstances after the instant crime are also poor.

However, the punishment as ordered shall be determined in consideration of the fact that the defendant reflects the error in depth, the fact that the defendant has no criminal record exceeding the fine, and the age, sex, environment, health conditions, etc. of the defendant.