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(영문) 부산지방법원 동부지원 2016.07.18 2016고단368
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 5, 2016, the Defendant: (a) received a report from C on March 5, 2012 from the occupant of the building B B in front of the building B in Busan, the Defendant tried to board the said patrol vehicle as the Defendant separately from the Defendant at the request of C to protect the police officer E, etc. belonging to the Busan Southern Police Station D police station, who was called out after receiving a report from C on March 5, 2016 that “the 112 patrol vehicle is going to a 112 patrol vehicle.”

Defendant’s desire to see the above circumstances E, and “Nina police,”

The face of the above E was taken over on the part of this part of this end, and assaulted by hand by balping balp, destroying the balp, cutting over the floor.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of the reported case by the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The police statement protocol with respect to E and C;

1. Application of Acts and subordinate statutes to report on site dispatch;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the defendant's responsibility for sentencing under Article 62-2 of the Social Service Order Criminal Act is one of the reasons for sentencing. However, the defendant's statement that it does not reach a second offense in response to the victim's statement, the victim's statement of agreement is desired by the victim's smooth agreement, and the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, and other circumstances that are conditions for sentencing as shown in the trial process, including the defendant's age, sex, behavior, intelligence and environment, motive, means and consequence of the crime, etc., shall be determined as ordered by the order.

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