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(영문) 부산지방법원 서부지원 2017.09.21 2017고단960

공무집행방해

Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

On July 19, 2017, around 00:15, the Defendant requested D's owner at the place of business in Busan, Seo-gu, Busan, to find a mobile phone by drinking alcohol, but the Defendant did not find a mobile phone at one time on the ground that he did not find a mobile phone.

Therefore, while confirming the situation of this case E by the Busan Western Police Station, which was reported and dispatched due to violence, the police officer in charge of the next police officer in charge of walking once again the parts of the above D's clothes, and notifying the defendant to arrest the defendant as a current offender, the police officer in charge of this case.

“Along with the desire of the Defendant’s head, the part part of the E was one time.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the dispatch of 112 reported tasks.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of the sentencing guidelines] The sentence shall be imposed in accordance with the order of suspension of the execution of the sentence, taking into account the following factors: (a) the basic area of the first type (fe.g., interference with the performance of official duties and coercion of duties) (f.g., June-1 to April); (b) the act of obstructing lawful performance of official duties should be punished strictly; and (c) the defendant selected imprisonment in consideration of the fact that there are many criminal records from violent crimes; (d) the defendant appears to reflect his/her attitude; (e.g., the defendant's attitude to reflect his/her behavior; and (e) the attitude and degree of interference with the performance of official duties are not significant; and (e) other factors of sentencing as indicated in the arguments of this case, such as the defendant's age, sexual behavior, environment, motive and means