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(영문) 부산지방법원 동부지원 2017.02.15 2016고단2513
공무집행방해
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 21, 2010, the Defendant was sentenced to six months of imprisonment and two years of suspension of execution due to interference with the execution of official duties at the Changwon District Court, and on October 18, 2016, the Defendant was indicted for violation of the Punishment of Minor Offenses Act at the Busan District Court's branch branch, and is still pending trial.

Criminal facts

On November 11, 2016, the Defendant: (a) around 01:55, on the C aheadway in Busan Southern-gu, Busan-gu, 2016, the Defendant saw the taxi engineer on his boarding the taxi without having the destination properly, and did not get off from the taxi.

The Defendant, upon receiving a 112 report that the host person does not get off the taxi, was called from the slope E belonging to the Busan Southern Police Station D Police Station, who was called to the scene, to leave the taxi to return from the taxi, and then the Defendant was sentenced to a fine due to the width.

Before having taken the bath such as “I ............” The above E was fluored by drinking a hand to the above E, and the left chest part of his chest was fluored once, and his body was fluored up to the floor by fluoring his body.

Accordingly, the Defendant, who is a police official, interfered with the legitimate execution of duties concerning the reporting processing of E- 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the statement protocol to E;

1. Article 136 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act (i.e., that the degree of interference with the execution of public duties is not heavier than that of the same year, and that the person pens errors, etc.);

1. Article 62-2 of the Criminal Act on the observation of protection;

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