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(영문) 부산지방법원 서부지원 2017.07.12 2017고단465

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 19, 2017, the Defendant was under the influence of alcohol in front of C’s singing room located in Busan-gu, Busan-do around May 23:3, 2017.

“Around 10 minutes after receiving the report of 112, the horse captain E, who is the police officer belonging to the Busan Police Station D District Unit of the Busan Police Station, followed the Defendant to wear home, and continued to take a bath for about 10 minutes, such as “Woo kb kb kb kb kb kb kb kb kb kb.”

Accordingly, the above E can be punished for the defendant's desire to the police officer.

D. The Defendant sent several warnings to the above E, and the Defendant sent the above E’s chests to the above E one time by drinking, and her hand was pushed off the said E’s chests.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of F’s written Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of punishment recommended according to sentencing guidelines] The act of obstructing the legitimate performance of official duties should be punished strictly.

However, the fact that the defendant seems to have an attitude against the defendant, and that there is no criminal conviction above the fine, is reasonable.

In addition, the defendant's age, sex, environment, motive, means, and result of the crime, various sentencing conditions specified in the arguments in this case, such as the circumstances after the crime, shall be determined as ordered.