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(영문) 부산지방법원 동부지원 2016.07.13 2016고단640
공무집행방해등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 11:40 on May 18, 2016, the Defendant: (a) was a driver and a police officer belonging to the police officer of the Busan Coast Guard B police station B, who was called up after receiving a report from 112 on May 18, 2016, who was in front of the flood road 168, located in Busan Shipping Daegu, and was in front of the river; and (b) the Defendant was in front of the police officer called up after receiving a report from the police officer of the Busan Coast Guard B, and there is no relation between the Defendant and the police officer of the police officer of the Busan Coast Guard B, who was in front of the river.

The police officer openly insulting the police officer by openly referring to a large bitbit of bitbit of a bitbit of a bit of a bit of a school.

2. Around 11:45 on the same day, the Defendant, who obstructed the performance of official duties, heard the speech that he would no longer take the bath from the above C while getting out of the patrol and getting out of the patrol vehicle to the B zone, and assaulted the face of the above C by her head.

Accordingly, the defendant interfered with the handling of the above police officers' 112 reports and legitimate execution of duties concerning the escort of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [public prosecutor's opinion] One year (decision of sentence] imprisonment with prison labor for six months, considering the age, sex, intelligence and environment of the defendant, relationship with the victim, motive, means and consequence of the crime, conditions for sentencing under Article 51 of the Criminal Act, such as the circumstances after the crime, etc.

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