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(영문) 부산지방법원 2017.01.18 2016고단7244
공무집행방해
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 17, 2016, at around 23:30, the Defendant was under the influence of alcohol at the Da parking lot located in Busan-gu B, Busan-gu, and was dispatched to the parking manager upon receiving a report from E in the circumstances belonging to the Busan-gu Police Station D branch, Busan-do Police Station, which caused the above behavior. The Defendant expressed the above police officer’s desire to “I am frightly, I am frightly, I am frightly, I am frightly, I am the police, I am frightly, I am frightly, I am the Defendant’s cell phone, and assaulted the police officer’s chest with the right hand hand of the right police officer on his hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting processing duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Act and subordinate statutes of the investigative report (No. 1 list of evidence);

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and four months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. The sentence of this case shall be imposed in the same way as the sentence in consideration of the circumstances, such as the fact that the nature of the crime in this case is not good, but has no criminal record of the same kind exceeding the fine, the fact that the crime is recognized and the mistake is divided in depth;

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