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(영문) 부산지방법원 2015.08.12 2015고단2674
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 12, 2015, at around 01:10, the Defendant committed assault, such as assaulting at the right drinking, i.e., at one time a slope E, etc., of slope E, sent out after receiving a report that there was a person who was suffering from disturbance in the Busan Jin-gu, Busan, and thereby confirming the Defendant’s personal information, and obstructing the Defendant’s legitimate performance of official duties for the crime prevention of slope E.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] There is no basic area (6-1-1-4 months) of the obstruction of performance of official duties (6-1-1-4 months), and there is no person who is a special person [decision of sentence] The crime of this case is likely to obstruct the performance of official duties by assaulting by the defendant, such as when the defendant was drinking a police officer, etc.

However, the punishment as ordered shall be determined by comprehensively taking into account all the factors such as the circumstances after the crime, the defendant's age, character and conduct, family environment, etc., which are against the defendant, the fact that there is no previous department for the last ten years, the defendant appears to have committed the crime of this case by contingently, and the means and result of the crime of this case.

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