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(영문) 부산지방법원 2016.12.12 2016고단6260

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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

On October 23, 2016, at around 23:25, the Defendant: (a) committed assault to “C Hospital” emergency room located in the Busan Shodong-gu, Busan, by assaulting D, who is a security employee; (b) requested F to make a statement on the circumstances of the instant case from F, who was dispatched to the site after being reported 112, by the head F, of the police station E zone belonging to the Busan, Busan, which was called “C Hospital,” and assaulted F, by hand, the head of the f, who was pushed down by hand and drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the investigation report (as to the attachment ofCCTV photographs), -CCTV faging statute;

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

1. The reason for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] There is no basic area of obstruction of performance of official duties (6 to 1 year and 4 months) [decision of sentence] (decision of sentence] of the crime of this case where the nature of the crime of this case is inferior, and there are disadvantageous circumstances such as the fact that the defendant has a record of being punished for the same kind of crime. However, there are favorable circumstances such as the defendant's mistake and that there is no record of criminal punishment other than twice the fine, and the conditions of sentencing as shown in the records such as the age, character and behavior, environment, etc. of the defendant shall be determined as ordered.