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(영문) 부산지방법원 2016.03.09 2015고단8065
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 8, 2015, the Defendant: (a) on October 8, 2015, to police officers E who intend to board the police station to transfer a flagrant offender to the North Korean police station of the police station the D, who was arrested in flagrante at the front of the C District located in Busan Northern-gu, Busan, as a crime of insult in the crime of insult.

The police officer interfered with the legitimate execution of duties by police officers, such as breaking the shoulder of the above E in his/her hands, while putting the tin.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Application of Acts and subordinate statutes to a report on investigation (investigation into a wooden person);

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation and sentence] There is 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 official duties, and the nature of the crime is not somewhat weak.

However, the punishment as ordered shall be determined by taking into account all the circumstances such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime and circumstances after the crime, etc., which are against the defendant, the fact that the defendant has no criminal record of the same kind, the degree of violence is not serious, the social relation is obvious, and the punishment shall be determined like the order.

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