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(영문) 부산지방법원 2016.09.19 2016고단3635

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 16, 2016, at around 01:21, the Defendant received a 112 report from the Busan Dongdong-gu C convenience store and received a request for returning home from the head of the police box affiliated with the Busan Dong Police Station D police box, which was called the Defendant, at around 01:21, the Defendant was under the influence of alcohol to the above E without any particular reason, “a son who embs off a bitch with a bitch, fright, and fried the bitch, and the face of the above E once a week to the right side.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes on the part of violence;

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation and sentence] of Article 62(1) of the Criminal Act has no basic ( June - one year and four months) [the person subject to special sentencing] [the decision of sentence] of the crime of this case is that the defendant assaults a police officer as above to interfere with the performance of his official duties, and the nature of the crime is not weak.

However, the sentencing conditions in the records, such as the defendant's age, occupation, sex, family relationship, motive and circumstance before and after the crime, etc. shall be determined by comprehensively taking into account the following factors: (a) the defendant is against himself; (b) the primary offender; (c) the social relationship is clear; and (d) the punishment like the order.