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(영문) 부산지방법원 서부지원 2018.03.15 2017고단1689

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 25, 2017, at around 21:30, the Defendant: (a) expressed the desire of the police officer F, police officer G, who was called the Defendant’s domestic violence report to E on the street in front of the D convenience store located in Busan, Busan, to take away E at the request of the above E, on the ground that the police officer F, police officer G, who was called the said F and G to take away E out of the house; and (b) caused the police officer to interfere with the progress of patrol because the police officer, who tried to move E to a patrol, did not arbitrarily take a bath by blocking the Defendant on the road or getting on the front of the patrol car.

As a result, the Defendant interfered with the legitimate performance of official duties of police officers on the handling of 112 reports by assault or intimidation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to investigation reports;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The sentence shall be imposed in consideration of the following: (a) the reason for sentencing a sentence on the choice of sentence [the scope of recommendations made in the sentencing guidelines] and the reason for sentencing a sentence on the choice of sentence [the scope of punishment made in the sentencing guidelines]: (b) the basic area of the first type of punishment (f.g., interference with the performance of official duties and coercion of duty]; (c) the defendant has a large number of criminal offenses committed by violent crimes; (d) the defendant has been sentenced to suspended sentence due to interference with the performance of official duties; (e) the defendant committed the instant crime during the period of suspended sentence due to the crime of injury; (e) the sentence of fine or suspended sentence is deemed to have no meaning as a punishment against the defendant; and (e) the police officers dispatched after receiving a report on domestic violence have failed to meet the motive for the crime in order to prevent

The punishment was determined in consideration of various sentencing conditions shown in the arguments in this case, such as the defendant's age, sexual conduct, environment, motive, means, and consequence of the crime.