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(영문) 부산지방법원 2017.07.13 2017고단2026

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 15, 2017, the Defendant: (a) 01:59 around the road in front of the C pharmacy located in Suwon-gu, Busan, for the reasons that the slope E belonging to the Busan, the Busan, the Police Station D District of the Police Station D, recommended the Defendant to return home, and (b) caused the disturbance to issue the Defendant a penalty payment notification as a suspicion of violating the Punishment of Minor Offenses Act (dact of drinking), and (c) caused the Defendant to commit an act that seems to be at the time of the Defendant’s desire, and assaulted the Defendant’s right bridge, such as the vehicle.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement protocol of the police;

1. Application of Acts and subordinate statutes to photographs damaged;

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution - The reasons for sentencing [the sentence] [the reasons for sentencing] [the reasons for obstructing the performance of official duties] / [the decision in the sphere of recommendation] The basic area / [the scope of punishment] six months to one year and six months / [the scope of punishment] applicable: the statutory punishment under Article 136(1) of the Criminal Act: January to five years [the decision in the range of punishment] although the degree of obstructing the performance of official duties is not somewhat less, the defendant seems to have committed the crime in this case, although it appears that the defendant was not to have committed the crime in this case, it appears that he was aware of the fact of the crime in this case, and that there was an attitude to recognize and reflect the fact of the crime in this case, taking into account the motive and background of the crime in this case, circumstances after the crime in this case, defendant's age, sexual behavior, environment, etc., and other circumstances that form the conditions for sentencing under Article 51 of the Criminal Act as ordered.