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(영문) 부산지방법원 2016.10.12 2016고단4561
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 July 26, 2016, at around 22:10, the Defendant: (a) committed an assault, which was wraped by C and the Sifin in the vicinity of the Busan Jin-gu, Busan, by receiving a report of 112, the Defendant obstructed the legitimate execution of police officers’ duties concerning the maintenance of order by assaulting E, such as “I am hack as I am hack hack k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Reasons for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [the scope of the sentence of recommendation] There is no person who has the basic principle (6-1 year and April) of the obstruction of performance of official duties (6-1 year and April) [the decision of the sentence] [the decision of the sentence] of the crime of this case is that the defendant assaults a police officer, thereby obstructing the performance of official duties, and the nature of the crime is not easy.

However, considering the facts against the defendant, there is no criminal record of the same kind and suspension of execution or more, the social relationship is clear, contingent crimes, the defendant's age, occupation, character and conduct, family relationship, motive and circumstance of the crime and the conditions of the sentencing as shown in the records, the sentence like the order shall be determined.

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