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(영문) 부산지방법원 동부지원 2018.05.03 2018고단86
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 December 20, 2017, the Defendant: (a) received a request for withdrawal from D after receiving a report from D on December 20, 2012, the Defendant entered the Busan Shipping Daegu B, and the first floor; and (b) the Defendant received a request from D to the police officer of the Busan Shipping Station C police box, who called out after receiving a report from 112.

“The above police officers assaulted the above police officers, such as referring to the table clocks of the head of the ward, emphasizing the face of the above D, continuing to see it from the above D, putting him/her a bath, leading him/her to the right side of D, leading him/her to drinking once.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of the reported case by the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes to investigation reports (including the details of reports and site situations);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is an act of violence to the police called out after receiving 112 report, and the crime of this case is disadvantageous to the defendant, such as the fact that the nature of the crime is not good, and that the defendant has two times criminal records of violence.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the type used by the defendant does not reach a very serious degree.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Crimes Interfering with Official Duties, Interference with Official Duties, Type 1 (Obstruction of Official Duties, etc.)

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