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(영문) 부산지방법원 서부지원 2017.08.17 2017고단666
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 20, 2016, the Defendant was sentenced to imprisonment with prison labor for four months at the Busan District Court for assault, and the judgment was finalized on May 9, 2017.

Around 01:40 on April 21, 2017, the Defendant expressed that “C” restaurant located in Busan, Shodong-gu B, Busan, would b, and that the Defendant she spawds off the face and obstructed the Defendant’s legitimate execution of a report by a police officer, on the ground that: (a) the police officer E, who was called to the “C”, recommended the Defendant to return home by the Defendant; (b) the police officer E, who was called up after receiving a report of 112 that the Defendant she spawds off the face; and (c) the police officer, who was called up on the front part of the police officer, recommended the Defendant to return home; and (d) the police officer, who was not taking advantage of the Defendant’s body.” (c) The Defendant spawds down the flab of the foregoing police officer’s flab, and obstructed the police officer’s flabing on the front part of the patrol.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to 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 latter part of Article 37 of the Criminal Act on the Handling of Concurrent Crimes: the reason for sentencing of Article 39(1) [the scope of recommendations made in accordance with the sentencing guidelines] [the grounds for sentencing] of Article 39(1) [the grounds for obstructing the performance of official duties] is the basic area (six months to one year and four months) [the decision of sentencing] [the decision of sentencing is necessary]; the police officer's face is extremely poor in the form of interference with the performance of official duties, such as spiting, etc.; the defendant has been sentenced to one fine due to the obstruction of the performance of official duties and has been sentenced to one suspended sentence. In view of the following, the sentence is inevitable.

However, the equity in the case where the judgment was rendered simultaneously with the crime for which the judgment became final and conclusive, and the age, sex, environment, motive and means of the crime, and the results of the crime, as shown in the argument of this case, such as the circumstances after the crime.

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