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(영문) 부산지방법원 2018.12.11 2018고단4665
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On September 12, 2018, the Defendant assaulted D on the ground that: (a) at the “C” restaurant located in Busan Jung-gu, Busan; (b) there was a dispute between the Defendant’s daily behaviors and the principal of the said restaurant; and (c) the customer D, who was a customer on the job, directed the Defendant’s daily behaviors.

The defendant, at around 18:40 on the same day, was called up to 112 on the street in front of the above restaurant and was called up by the police officer F to arrest the defendant as an offender of violence at the police station Edistrict in Busan, which was called up to 18:40 on the same day, and was on the side while moving the patrol vehicle to the district.

The F's face was expressed by assaulting the F's face one time.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases and the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and D;

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation] The basic area (from June to one year and six months) (the decision of a sentence] that was sentenced to a fine due to interference with the performance of official duties, and considering the motive and background of the instant crime, method of the crime, and the fact that the instant crime is against his mistake, etc.

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