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(영문) 부산지방법원 2018.03.26 2017고단5537
공무집행방해등
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

1. The Defendant: (a) conspired with C on July 24, 2017, from around 00:40 to around 01:00 on July 24, 2017, the Defendant obstructed the victim’s maternity business by force, such as breaking the shock network attached to the window by drinking in Busan Jin-gu D and the Furel operated by the victim E, and leaving the telecom, without any special reason.

2. The Defendant interfered with the performance of official duties on the same day, around 01:15 on the same day, deemed that the victim H, a policeman belonging to the Busan Police Station G District, who received a report for the said reason, was boomed by the Defendant, and boomed the Defendant, who was the Defendant’s driver, and boomed the victim’s body and boomed the victim’s right boom.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression and prevention of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of Acts and subordinate statutes on police statements made to E and H;

1. Relevant legal provisions of the Criminal Act, Articles 314(1) and 30 of the Criminal Act, Article 136(1) (a) (a point of obstructing the performance of official duties) of the Criminal Act, and Articles 136(1) (a point of obstructing the performance of official duties) of the Criminal Act, and the choice

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

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

4. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order.

1. The scope of the recommended punishment according to the sentencing guidelines for one crime (Interference with the performance of official duties) and the scope of the final sentence due to the aggravation of multiple crimes (including serious efforts to recover damage) by the mitigation area (one month to eight months), the mitigation area of the punishment (including the scope of the recommended punishment), the mitigation area of the punishment (including the specially mitigated person), the mitigation area of the punishment, and the scope of the final punishment due to the aggravation of the punishment amount (including the serious effort to recover damage): Six months to October 1:

2. The fact that there are many people who have been punished for the same kind of crime in which the sentence was rendered is disadvantageous, the fact that there is an agreement with the victim of the obstruction of duties.

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