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(영문) 부산지방법원 2016.09.21 2016고단3722

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 15, 2016, the Defendant: (a) was requested to present an identification card from E to the police officer affiliated with the Busan Young-do Police Station D police box, who was called for by the Defendant on May 15, 2016, without paying the drinking value in the music room B located in Busan Young-gu, Busan, upon receipt of a report of 112, that the Defendant used to assault the singing room; (b) “The period of this weather is close to where it would have been called for.”

Nar’s desire to write off the Balk Ma, which is called the Balkar’s identification card, in the Balk’s line, and put the Balk’s to the Balk, and continue to read “Walk’s balk’s bbb, which is the same as the Calk’s balk’s.”

“To the end, as the police officers may take part in the second hand, it was assaulted, such as threatening and bringing them, thereby obstructing the legitimate performance of police officers’ duties concerning the investigation into crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. Application of the Acts and subordinate statutes to the complaint;

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. The reason for sentencing under Article 62(1) of the suspended sentence of the Criminal Act [the scope of a recommendation and sentence] The mitigation of category 1 (Obstruction of Performance of Official Duties and Forced Performance of Duties) [Special Sentencing)] (a person subject to sentencing] the degree of assault, intimidation, and deceptive scheme is minor (a decision of sentence] The crime of this case was committed by the defendant, despite the fact that the defendant was punished as a crime of insult of a police officer, and thus obstructing the performance of official duties by assaulting a police officer and obstructing the performance of official duties. The nature of the crime is not easy.

However, considering the facts against the defendant, the extent of violence is minor, the defendant's age, occupation, sexual conduct, family relationship, motive and circumstance before and after the crime, etc., the punishment like the order shall be determined by comprehensively taking into account the following factors: