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(영문) 부산지방법원 동부지원 2016.10.24 2016고단1476
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 becomes final and conclusive.

Reasons

Punishment of the crime

On August 10, 2016, the Defendant: (a) at the Defendant’s house located in Busan Shipping Daegu Building 502, the Defendant: (b) reported on August 10, 2016, and received a report from the police officer D, who was in charge of the police officer of the Busan Shipping Police Station C District of the Busan Shipping Station, and demanded on-site confirmation from the police officer D, who was called out to the Defendant, “whether or not he has taken a warrant, or is not allowed to enter into his residence”; and (c) removed the police rank attached to D’s left shoulder in his work uniform; (d) removed the head’s breast part on one occasion; and (e) assaulted D’s chest on several occasions.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of statutes, such as photographs of victims;

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

1. Article 62 (1) of the Criminal Act;

1. Although the defendant's liability for sentencing under Article 62-2 of the Social Service Order Criminal Act is not minor, the punishment is determined as ordered in consideration of all the normal materials revealed in the trial process, such as the defendant's confession, the defendant's confession, the defendant has no same criminal record, and there is no other criminal record except once a fine, the defendant's age, occupation, motive of crime, and the attitude of the defendant after the crime.

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