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(영문) 부산지방법원 서부지원 2017.07.17 2017고단579

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

On April 23, 2017, the Defendant: (a) at the C District District District of Busan, which was located in Busan, B, Busan, on April 23, 2017, on the ground that he was notified twice as a charge of smoking disturbance and interference with police duties by the C District Police Officers, on the grounds that he was notified twice in the immediately preceding, on the grounds that he was in charge of drinking disturbance and interference with the duties of the C District Police Officers, and (b) C District Police Officers D (the South, the age of 35) who was working for the situation, “Ss. I have been in the d

What is the payment is made.

Does they are bound within the meaning of the Constitution.

Doz. Doz. Doz. are detained on the face of his own.

”라고 큰소리로 욕설하면서 손으로 D의 뺨 부분을 2회 때리고, 재차 이를 제지하며 귀가를 권하는 D의 배 부분을 손으로 2회 때리고 발로 위 D의 다리 부분을 2회 찼다.

In the end, the Defendant interfered with the legitimate performance of duties by police officers in relation to the duties of police officers in the global security situation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of E, F, G, H, I, and J;

1. A statement of inquiry about a disposition notified by the person under consideration;

1. A criminal investigation report (a video CD analysis report);

1. Application of Acts and subordinate statutes to photographs of damaged victims;

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. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

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

2. Scope of recommended punishments on the sentencing guidelines: Imprisonment with prison labor for up to six months, one year and six months (the type of determination), and interference with the performance of official duties, and the basic area of the first type (the obstruction of the performance of official duties and the scope of recommended punishment), the basic area (the determination of the recommended area, the scope of recommended punishment), six months to one year and six months.

3. The Defendant, while under the influence of alcohol, was able to avoid a disturbance near a hour at a police station district, and committed several assaults while taking a bath to a police officer who gets home.

In light of the background of the crime of this case or the attitude of the defendant before and after the crime of this case, the defendant.