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(영문) 부산지방법원 2016.10.27 2016고단4562

공무집행방해

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant written indictment on August 14, 2016 is written on August 13, 2016. This is deemed to be a clerical error, and such correction is made as above.

01:30경 부산 부산진구 B 소재 노래방 안에서, 영업이 끝났음에도 나가지 않는다는 내용의 112 신고를 받고 출동한 부산진경찰서 C지구대 소속 경찰관 경장 D으로부터 귀가할 것을 종용받자, D에게 “짭새야! 니가 뭔데! 내가 나갈 테니 건들지 마라! 씨발놈!”이라고 욕설하며 손으로 위 D의 가슴 부위를 1회 밀치고 멱살을 잡고 흔드는 등 폭행하여 경찰공무원의 질서 유지에 관한 정당한 직무 집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of the Act and subordinate statutes to the investigation report (number 3); and

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] No person who has no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (decision of sentence] (decision of sentence] of the crime of this case is poor; there are many criminal records against the defendant; on the other hand, there are no past records of criminal conviction exceeding the fine and punishment after 2010; on the other hand, there are no past records of criminal records against the defendant; on the other hand, the punishment is determined as ordered in consideration of the defendant's age, character and conduct, environment, etc.