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(영문) 부산지방법원 서부지원 2018.11.30 2018고단1337

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 26, 2018, at around 23:25, the Defendant received 112 reports from the police officer C, who belongs to the police officer B of the Busan Police Station B of the Busan Police Station, and recommended him to pay the taxi fee and return back to Korea, on three occasions, the Defendant sent back the chest part of the police officer at around 1098, the chest part of the same police officer at several times.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on the prevention and suppression of crimes, public peace and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Application of the Act and subordinate statutes for investigation reporting (Attachment of Blue Park Bags and CDs);

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., of community service and order to attend lectures;

1. Type 1 (Interference with the performance of public duties and coercion of duties) in the basic area (from June to June) of the sentencing criteria (a person who has no special sentencing person).

2. The offense of this case, which has been decided upon by the sentence, is not consistent with the quality of the offense as impeding the exercise of legitimate public authority by which the defendant should be strictly executed, and the defendant has several records of punishment as the same kind of crime or violent crime, etc., and the defendant recognized the offense of this case as well as favorable circumstances, such as the fact that the defendant has a deep variety of errors, and there is no record of criminal punishment exceeding the fine, etc., shall be taken into account together with the fact that the defendant has no record of criminal punishment exceeding the fine, and all kinds of sentencing conditions shown in the course of the records