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(영문) 부산지방법원 서부지원 2018.10.30 2018고단1215

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 May 25, 2018, the Defendant: (a) 00:30 on the road in front of the Busan Seo-gu, Busan, “Ising to go beyond the drinking value without calculating the drinking value; (b) paid the drinking value after receiving a recommendation to pay the drinking value from E from the police officer belonging to the Busan, which was called “Isk to go off, Isk to go off, Isk to go off, Isk to go off, Isk to go off, and stop the above E from getting on the patrol and return to the after completing the report processing; (c) was arrested by the above act, and tried to go beyond several times to go off, and after arresting the Fsk to go off, Isk to check the face of the said E in order to arrest the said police officer in Busan, and then arrest the said fsk to get off the said fsk to the face of the said fsknish, Isk to check the documents.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. G statements;

1. A report on investigation;

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where there are many public officials who have suffered damage (one year to four years) in the aggravated area (one year to four years) in the scope of punishment for recommendation according to the sentencing guidelines, such as interfering with the execution of public duties;

2. The crime of this case in which the sentence of sentence is to be sentenced is to be taken by the police officer who called out after the defendant received a report that he did not pay the drinking value, and the face of the police officer is to be taken after being arrested as an offender.