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(영문) 부산지방법원 2016.11.10 2016고단5542

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 28, 2016, around 01:30 on August 28, 2016, the Defendant: (a) obstructed the disturbance of the police officer’s bridge 2, which was driven by F, a police officer belonging to the Busan Youngdo Police Station Estation, to patrol, and obstructed the police officer’s performance of duties concerning patrol and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] There is no basic area (6-1-1-4 months) of the obstruction of performance of official duties of the State [decision of sentence] The crime of obstruction of official duties of the State requires strict punishment in order to protect the legitimate performance of official duties of the State and to establish sound social order, and the defendant was unable to bring a disturbance for a long time without being involved in the commission of the crime, the defendant's mistake is against the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime, circumstances after the crime, etc.