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(영문) 부산지방법원 2018.09.06 2018고단3175

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 9, 2018, the Defendant was under the influence of alcohol on the road, and “the head of a household gets a taxi engineer to walk the taxi.” On July 9, 2018, the Defendant: (a) went to the Busan Police Station B located in the Busan Police Station B, which was called upon receiving a report from 112, and went to the Busan Police Station B located in the Busan Police Station B located in D.

The defendant, at around 04:40 on the same day, arrived at the above earth's 04:40 on one-time side of the above C's face.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives, bodies and property, and prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Application of the police statement protocol law to C

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment for the crime.

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] There is no person [the person who has been subject to special sentencing] in the basic area (six months to one year and six months) (the degree of interference with the performance of official duties] [the decision of sentence] although the degree of interference with the performance of official duties is not somewhat weak, the defendant shows his attitude to recognize and reflect the fact of the crime, and there is no record of the crime committed against the defendant. In addition, the above decision of sentence shall be made by taking full account of the circumstances that are the conditions for sentencing under Article 51 of the Criminal Act as shown in the records and arguments of this case, such as the background, means and methods of the crime in this case, the circumstances after the crime, the defendant's age, sexual conduct, environment, etc.