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(영문) 부산지방법원 2018.08.23 2018고단2463

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

around 03:47 May 18, 2018, the Defendant: (a) performed drinking alcohol at “D cafeteria”; (b) performed drinking alcohol at “D cafeteria”; and (c) 112, the Defendant, upon receiving a report from a police officer affiliated with the Franc Police Station, called “B” to the police officer assigned to the Franc Police Station, who called “B”.

F. F. F. F. F. F. F. F. F. F. “M. E. E. E. E., “Y. E. E. E., “Y. E. E. E. E., “Y. E. E. E. E. E., “Y. E. H. E. E. H. H. E. H., C. E. E. E. H.R., E.

1.3 Madge Madge Madge Madge Madge Madge Madle Madge Madle Madle Madle Madle Madge Madle, Madge Madle, Madle Madle, Madle Madle Madge Madle, Madle,

from 100 to 200 Ga Ma, E.C. D.

씨 발 놈 아, 잡아가라, 개새끼야. ”라고 하면서 왼손으로 위 E의 오른쪽 어깨를 치고, 오른손 주먹을 쥔 채 얼굴 부위를 향해 때릴 듯이 위협하는 등 경찰관의 공공의 안녕과 질서 유지에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police for E;

1. Application of the Act and subordinate statutes to investigative reports (where a crime is committed, accompanying screen CDs);

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Where the degree of violence, intimidation, deceptive scheme, or interference with public duties is minor in the mitigation area (one month to eight months) of Class 1 (Interference with the performance of public duties and coercion of duties) (in the event of a person subject to special mitigation), which is minor in the application of the sentencing criteria (the scope of a recommended punishment).

2. It is necessary to take strict measures against the defendant who renders a plaque at a restaurant in the state of his principal operation, and the police officer who received a report and uses violence against him. However, the defendant seems to have committed the crime of this case due to the influence of mental illness such as exchange, impulse disorder, etc., and the crime is committed.