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(영문) 부산지방법원 2017.06.07 2017고단1789
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 14, 2017, around 21:34, the Defendant: (a) on the front side of the Busan Young-do Police Station C public security center located in the Busan Young-gu, Busan High-do Police Station C public security center; and (b) on the part of the Defendant, the Defendant was under patrol from the victim F (50 years old) who is the police officer of the above public security center, who was working in the patrol of D and sib, and caused the Defendant to take a bath for the Defendant, stating that the Defendant “scopty typ, ring,” and flabed the victim’s chest by hand.

Accordingly, the defendant assaulted the victim and interfered with the legitimate execution of duties concerning the prevention and investigation of the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D or F;

1. Application of Acts and subordinate statutes to the investigation report (on-site CCTV verification);

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 crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act on the suspension of execution of sentence is that the defendant assaulted a police officer as above and obstructed the performance of official duties, and thus, the criminal liability is not minor.

However, considering the facts against the defendant, there is no previous conviction or more than a suspended sentence, the degree of violence, and other conditions of sentencing as shown in the records, such as the age, health, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

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