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(영문) 부산지방법원 2016.05.19 2016고단629
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 December 14, 2015, at around 02:50, the Defendant was crossing the road near the Dongdong-gu, Busan Metropolitan City, 70, to the front door of the police station, and the Defendant was able to carry it to the front door of the vehicle that had been passing, and C, who is a police official, did not put it into the front door of the vehicle, and the Defendant expressed his desire to “Ye, Ie, Ie, Ie, Ie, Ie, Ie, Ie, Ie, Ie and Ie, Ie the face of C, and interfere with C’s performance of public duties concerning support for public security duties.

Summary of Evidence

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes to medical certificates and opinions;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration of circumstances, such as the fact that the damaged police officer clearly expressed his/her intention not to punish him/her);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection [the scope of recommending punishment] : One category (Interference with the performance of official duties and coercion of duties) (one month to eight months) of the mitigation area (person who has been specially mitigated] of punishment not [the decision of sentence] of imprisonment for four months, one year of suspended sentence, and observation of protection;

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