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(영문) 부산지방법원 동부지원 2019.01.10 2018고단1880
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 11, 2018, at around 23:55, the Defendant: on the front of the Busan Southern Police Station, located in Suwon-gu B, Busan, the Defendant respondeded with F, his employee, and was arrested as a flagrant offender to F, who was dispatched to the scene after receiving a report of 112 from the front of the bank located in Suwon-gu, Busan, and was transferred to the scene, and the Defendant was arrested as a flagrant offender to F, and the Defendant was able to have the Defendant enter the said police box, and the Defendant was sprinked, thereby committing an assault, such as flabing a flab with B’s spat

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of 112 reports and the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of the Acts and subordinate statutes to investigative reports, accompanying photographs, investigative reports, CCTV images-cape photographs;

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 (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is committed by force to police officers during the process of arresting flagrant offenders and taking them into custody with a police box, and is disadvantageous to the defendant, such as the nature of the crime is not good, and the defendant has a criminal record of the same kind of punishment as

However, it is more favorable to the fact that the defendant recognized the facts charged and seriously reflects the fact that the type of the defendant's exercise does not reach a very serious degree, and that the defendant's previous conviction is a relatively old criminal record.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes, etc. shall be determined as ordered by taking into account the various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria - the obstruction of the performance of official duties, the obstruction of the performance of official duties, the first category of official duties, etc.

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