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(영문) 부산지방법원 2016.09.07 2016고단3613
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around 02:20 on May 18, 2016, the Defendant was arrested as a flagrant offender on the ground that the Defendant did not pay the drinking and drinking value in the “Ciana” located in the Busan Seo-gu B, Busan, and later was transferred to Busan Seo-gu as D District of the Busan Seo-gu Police Station.

At around 03:00 on the same day, the Defendant: (a) demanded the police officers E, etc. belonging to the said patrol group to present identification cards, etc. when intending to get out of the said patrol group on the ground that he would get out of the said patrol group; (b) took a bath to the said police officers, etc.; (c) took a bath to the police officers, etc.; (d) continued to put the police officers’ face up one time by hand, and (e) took action as if they were frighten to keep the police officers’ body or fright to drinking.

Accordingly, the defendant assaulted police officers and interfered with the legitimate execution of duties by public officials on handling the 112 reported case by the police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. Application of statutes on site and victim photographs;

1. The reason for the sentencing of Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act regarding the crime of this case [the scope of sentence] that there is no person who is a basic (6 months-1 year and 4 months) [the sentence] [the decision of sentence] of the obstruction of performance of official duties. The crime of this case is not familiar with the fact that the defendant was under the suspension of the execution of execution, and it prevents the police officer from performing his official duties by assaulting him as above, and the nature of the crime is not weak.

However, the sentencing conditions in the records, such as the accused's age, occupation, character and conduct, family relationship, motive and circumstance after the crime, etc., shall be determined by comprehensively taking into account the following factors: the accused's age, occupation, personality and conduct, family relation, motive and circumstance after the crime.

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