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(영문) 부산지방법원 서부지원 2017.07.19 2017고단541
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

At around 10:40 on May 6, 2017, the Defendant, without paying the drinking value at D main points located in Busan Northern District C, committed assault, such as: (a) the Defendant: (b) the Defendant: (c) sent the disturbance to 112 after receiving a report; and (d) the horse F of the Busan Northern Police Station E-gu, Busan, who called “No money to be cut off at the time; (b) the death by sealing on a mobile phone; and (c) the ringing of the f’s head on a mobile phone, which was cited by the Defendant; and (d) the Defendant sent the disturbance to the site upon receiving a 112 report.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of police officers' order and crime control.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to G and F

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of punishment recommended according to sentencing guidelines] is more so in consideration of the defendant's previous convictions and two times before the same suspended sentence. The basic area (the obstruction of the performance of official duties and the coercion of duties) (6 months to 1 year and 4 months) of the basic area (the decision of sentence] must be punished strictly, and the defendant's violation of legitimate execution of official duties should be punished.

However, considering the favorable circumstances such as the defendant's attitude against the defendant, the attitude of obstructing the performance of official duties is not significant, and the fact that the above suspended sentence is long, the defendant will be placed in the line of suspended execution, and finally, it is so decided as per Disposition.

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