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(영문) 부산지방법원 2016.08.24 2016고단2593
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 28, 2016, at around 20:50, the Defendant sent a bath to D, who received a report that the Defendant 112 was frighting at the cost of the taxi rate, and sent out on April 28, 2016, around 194, the first apartment house of 194, Seocheon-ro, Busan, Seocheon-ro 194.

Accordingly, the defendant interfered with the legitimate execution of duties by the police officer on the dispatch of 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act on the suspension of execution of sentence is that the defendant interfered with the police officer's performance of official duties as above, and the nature of such crime is not weak.

However, the sentence like the order shall be determined by taking into account the following factors: the defendant is against himself, there is no criminal conviction in the same kind, and the defendant's age, occupation, sex, family relationship, motive and circumstance of the crime, and the conditions of the sentencing as shown in the records.

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