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(영문) 부산지방법원 2016.07.13 2016고단1246

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 14, 2016, the Defendant, at around 02:35, sent to the site after receiving a report from 112, stating that “A person who takes a alcohol” on the road in front of the Busan branch of the East-gu Busan District Office located in the Busan East-gu, Busan, the Defendant sent a large amount of money from the police officer C and D, who belongs to the police station B of the Busan East-gu Police Station B, who was sent to the site, to the site.

Beforemathing, due to the danger of returning home.

In doing so, “Abreging, e.g., flag, fe., f., e.g., e., f., e., e., e., e., e., f., e., e., f., e., e., e., c., e., e., e., e., e., e., g., c

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. Application of the police statement law to C and D

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Where the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation and sentence] prevents the performance of official duties, and the extent of the mitigation (-8 months) [the person subject to special sentencing] [the decision of sentencing] of the crime of this case is minor (the defendant assaulted a police officer as above to interfere with the performance of official duties] of the crime of this case, and the nature of the crime is not weak.

However, considering the fact that the defendant is against himself, the degree of assault is minor, the same kind of crime and the suspension of execution or more, the defendant's age, sex, environment, motive and circumstance of the crime, and all other circumstances constituting the conditions of sentencing, such as the circumstances after the crime, the punishment shall be determined as ordered.