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(영문) 부산지방법원 2016.12.23 2016고단6114

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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 September 25, 2016, at around 00:15, the Defendant, a police officer belonging to the Busan High Police Station C district of the Busan High Police Station, who received a report on illegal stopping on the road in front of the Busan High Police Station B, expressed that “I am frith, frith, frith, frith, frith, frith, frith, frith, frith, frith, frith, frith, frith, frith, frith, frith, frith, frith, frith, frith

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reported duties.

Summary of Evidence

1. Examination protocol of the accused;

1. Each statement made to F and D;

1. Application of the Acts and subordinate statutes to investigation reports (use of locks upon arrest of flagrant offenders);

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act of the Social Service Order [Scope of Recommendation] The execution of imprisonment shall be postponed in consideration of the following: (a) the mitigation area (one to eight months) of the obstruction of performance of official duties (special mitigation), the degree of assault, intimidation, and deceptive scheme is minor; (b) there is no record of punishment for obstruction of performance of official duties; and (c) the degree of obstruction of official duties is not much serious.

Provided, That the community service order shall be imposed in consideration of the details of crime, etc.