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(영문) 부산지방법원 2016.01.07 2015고단7221
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 22, 2015, the Defendant received a notification of penalty payment on the ground of disturbance of drinking, etc. from the head of the police station belonging to the Busan Yeongdeungpodo Police Station, and received a notification from the neighboring resident C on October 22, 2015 on the part of the Defendant’s house located in Busan Youngdo, and sent a fine of KRW 5 million due to interference with the performance of official duties by the Defendant prior to the so-called "Yae Sae Sae Sae Sae Sae Sae Sama".

At the same time, the term "the thickness kids" means "the thickness kids in full,00,000," and the defendant's house was used as soon as he had a dried stand and C with a dried stand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officer's notice of payment of penalty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the investigation report (No. 3 times a year);

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties and the choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (the fact that there was a history of being sentenced to a fine of five million won by obstructing the performance of official duties, the nature of the crime by the defendant is not good considering the contents of the crime, but the fact that the defendant is running at the time of the crime, the fact that the police officer who was damaged by the defendant was not directly damaged by the building belt is not directly damaged, and the punishment shall be determined as ordered in the same manner as the order, considering the conditions of sentencing prescribed in Article 51 of the Criminal Act

1. The community service order under Article 62-2 of the Criminal Act;

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