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(영문) 부산지방법원 서부지원 2017.07.11 2017고단481

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 17, 2017, the Defendant: (a) received a 112 report from the head office located in the north-gu, Busan; and (b) received a 112 report to the effect that “I am locked on the road; (c) the police officers of the Busan Police Station C District; (d) the police officers of the Busan Police Station C District; and (d) the police officers assigned to the Busan Police Station C District; and (d) the Defendant “I am me to come to know and go to know on the road,” and (d) the Defendant reported to the above E (25 years of age) “I am. I am am Ga. I am am Ga, who was called to go to go to the head office.

"Abreging the fingers who had a bath to "," left the knee of the above E, knee while taking the breging room in the Defendant's residence, and getting off the felg from the patrol vehicle while taking the felg to the Defendant's residence, and prevented the operation of the patrol vehicle by opening a door of the patrol vehicle's driver's seat and inserting the bridge between the knife and the knife's wheels.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on 112 reporting processing duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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

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. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (six months to one year and six months) (the interference with the performance of public duties and coercion of duties) of the first type (the interference with the performance of public duties and coercion of duties) is nonexistent;

2. The punishment imposed on a police officer who has committed violence against a legitimate performance of official duties by taking the ruling uniform of sentence does not constitute a crime that impedes the exercise of legitimate public authority which should be strictly executed, and the accused has the record of having been punished on several occasions for the same kind of and violent crimes;

However, the defendant recognized the crime of this case and reflects it, and there is no record of punishment exceeding the fine.

The age, age, and age of the defendant.