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(영문) 부산지방법원 2016.10.27 2016고단4610
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2, 2016, at around 11:00, the Defendant was subject to investigation of personal information and accident circumstances in relation to traffic accidents caused by the Defendant at Seocho-gu Seoul Metropolitan Government Seocheon-ro 54 Air Force Police Station C.

The Defendant, who determined that the Defendant’s mental state was not a normal state, committed assaulting the D’s right side part of the D, on one occasion on the left hand, in order to not notify the Defendant of his family’s personal information from D, and not to inform him of his family’s personal information.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a investigative report (CCTV image data analysis case);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 62-2 of the Probation Criminal Act [Scope of Recommendation] The following shall be taken into account: (a) there is no basic area (6 to 1 year and 4 months) of obstruction of performance of official duties (decision of sentence] (decision of sentence]; (b) there is no electric power; and (c) there is a need for continuous medical treatment and management as the defendant suffers from a man-made disease; and (d) there is a need for continuous

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