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(영문) 부산지방법원 2016.10.13 2016고단4566

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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 July 15, 2016, the Defendant 22:50, around July 22, 2016, 2016, the Defendant spawd a fright, such as her female spawd, spawd, spawd, and sound, and her female spawd away from the coffee shop of the operation of D in Busan Young-gu.

After that, at around 23:10 on the same day, the Defendant: (a) opened a door before the coffee shop and opened the door; and (b) asked F, etc., a police official belonging to the Busan Youngdo Police Station E-gu, Busan, which was called upon 112 reports at that time, to stop doing so; and (c) assaulted the police officer by hand, such as “I ambling, opening, and killed.”

Accordingly, the defendant interfered with the execution of duties concerning the prevention, suppression, and investigation of the above police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no person who has a basic sphere of the obstruction of performance of official duties (6-1-1-4 months) [decision of sentence] The defendant reflects the wrongness of the defendant, the crime of obstruction of official duties needs to be strictly punished in order to protect the legitimate performance of official duties of the State and to establish a sound social order. The defendant has the record of criminal punishment already been imposed several times due to the crime related to violence, which is likely to repeat again. The degree of damage to police officers is a letter that the degree of damage to police officers is not serious, and other various circumstances, including the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., as ordered in the Disposition.