(영문) 부산지방법원 2015.07.16 2015고단2748

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2015.07.16 2015고단2748

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 25, 2015, around 05:54, the Defendant: (a) on the road in front of the C Public Security Center located in Busan Northern District B; (b) the police officer E, a patrol officer belonging to the Busan Northern Police Station D District D District D District, refused to post and affix a warning and seal for about five minutes of the defects in order to issue a traffic crime Stick; (c) the police officer E, a police officer, continued to stop carrying the police officer’s 112 patrols in order to prevent the operation of the said police officer while carrying out the 112 patrols; (d) the police officer told the Defendant from the patrol and her returning home in his hand, and interfere with the legitimate performance of police officers’ duties concerning the control of the crime and the duty of patrol by means of assaulting, such as putting off the E-line, and cutting off the sales.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. The reasons for sentencing of Article 62(1) of the Criminal Act (the conditions favorable to the defendant among the reasons for the suspended sentence) [the scope of recommendation] of the obstruction of performance of official duties shall be sentenced to the same sentence in consideration of all the circumstances, including the following: (a) there is no basic area (6 months to 1 year and 4 months); (b) no person who has been punished for the same kind of crime [decision of a sentence]; (c) there is no history of punishment for the same kind of crime; (d) there is clear social relation; and (e) there is a clear social relation; and (e) the depth

It is so decided as per Disposition for the above reasons.

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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