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(영문) 부산지방법원 2015.09.17 2015고단3139
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 became final and conclusive.

Reasons

Punishment of the crime

On May 15, 2015, around 20:50, the Defendant reported the 112-report on the ground that the noise of the water supply pipes was serious in the front of the “Delective Ship” located in the Busan Sagu C.

The Defendant: (a) took a bath to the human body at the construction site in question; (b) took a bath to the aforesaid construction site, and (c) took a look at the construction process against the human body by the police box guards belonging to the Busan Western Police Station, who was called upon upon the said report, to the extent that the said F would not interfere with the said construction; (d) stated that “it is unnecessary to do so, and at the same time, to kill the said F’s chest by hand; and (e) assaulted the lower part of the said F on one hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness F and G’s respective statutory statements;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts (the occupation of obstruction of performance of official duties and the choice of imprisonment);

1. Reasons for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] The scope of sentence compared with the sentencing of the sentence that has no basic area (6-1-4 months and month) (6-1-4 months) of the obstruction of performance of official duties and the recommended range of sentence: June-1 year and four months (decision of sentence] are recognized; the background of the crime in this case; the defendant's criminal record relation; the defendant's criminal record relation; the sentencing conditions stipulated in Article 51 of the Criminal Code; and the sentencing guidelines set by the Sentencing Committee of the Supreme Court, shall be determined as per the order.

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