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(영문) 부산지방법원 2018.04.16 2018고단739

공무집행방해

Text

A defendant shall be punished by imprisonment for not more than ten 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

Defendant

A around 03:06 on January 4, 2018, at C D'B's main points located in Busan B, and upon receiving 112 a report to the effect that there was a customer who does not pay the drinking value, A was confirmed the circumstances of this case by the head of the Dong-gu Police Station D'lle E, and Police Officer, who called up after receiving the report, followed by the 112 report, A expressed his desire to "I am this son in the C's f's f's f. f. f. f. f. f. c. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f.

As a result, the Defendant interfered with the legitimate execution of duties of police officials concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to G, E, and F;

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Article 62 (1) of the Criminal Act on the stay of execution of public duties (the execution of imprisonment shall be suspended, considering the fact that the degree of interference with the performance of public duties is not severe, the execution of imprisonment shall be suspended, the fact that there have been several records of punishment due to drinking, the fact that circumstances after committing a crime are poor, etc., and the protection and observation for a considerable period

5. Protection and observation and community service order under Article 62-2 of the Criminal Act;