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(영문) 부산지방법원 2016.10.20 2016고단4673

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 17, 2016, at around 21:10 on August 21, 2016, the Defendant: (a) expressed a desire to assist a police officer, who is a police officer belonging to the Busan Jin Police Station C District District District District, to “Cppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppp

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

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 Act of the suspended sentence [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is minor in the mitigated area (one to eight months) [Special Mitigation] [Determination of sentence] the State’s lawful performance of official duties, there is a need for strict punishment for the crime of obstruction of official duties in order to protect the State’s legitimate performance of official duties and to establish a sound social order. The defendant is against the mistake, the defendant was committed against the victimized police officer, and the police officer was agreed with it, and the crime was not exercised in such a way as the police officer was committed; the defendant’s age, character and behavior, intelligence, environment, motive, means and consequence of the crime, etc.; the fact that there was no record of criminal punishment other than twice of the fine; the fact that there was no record of criminal punishment other than the fine, and other various circumstances that are the conditions for sentencing as shown in the