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(영문) 부산지방법원 2015.10.15 2015고단3853
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 April 30, 2015, from around 23:40 to May 00, 1, 2015, the Defendant: (a) reported that the Defendant was unable to drive the said patrol car; (b) reported that the Defendant failed to pay the drinking value; and (c) responded to the defective police call to return after hearing the statement by G; and (d) stated that “I would like to stop the progress of the said patrol car in front of 112 B; (c) the Defendant was unable to open the door of the said patrol car in front of the said 112 B; and (d) was able to use both arms of the said F as assault, sprink, and sprink, sprink, sprink, and sprink, and sprink, and sold them.

As a result, the Defendant interfered with the legitimate performance of duties of police officers in relation to each reporting duty of police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, F, and H;

1. Each police statement made to G, F, and H;

1. Application of the Acts and subordinate statutes of black stay photographs

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Article 40 and Article 50 of the Criminal Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The ground for sentencing of Article 62-2 of the same Act / In the case where the degree of assault, intimidation, and deceptive scheme (special mitigation) is minor, the degree of assault, intimidation, and deceptive scheme is minor / Where there are many damaged public officials (type 1) / Where there are many damaged public officials (type 1) [Determination of sentence] the police officers who wear their uniform / the police officers who have obstructed their official duties, but failed to repent their mistakes, etc.

However, there is no record that the defendant was punished for the same type of crime, or sentenced to a suspended sentence or heavier punishment, and police officers.

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