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(영문) 부산지방법원 2016.08.31 2016고단4194
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 24, 2016, at around 21:00, the Defendant: (a) expressed that, under the influence of alcohol, the Defendant was at the front of the D-way located in Busan, Busan, the Defendant was able to take a bath that, “I am out of d. f. f. f. f. f. f. d. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. c. f. f.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reports and the prevention and suppression of crimes by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and G;

1. Application of the investigation report (No. 3 list of evidence), each photographic statute;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act to order protection observation and instruction;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and four months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. It shall be sentenced to the same punishment as the ordering in consideration of the circumstances, such as the fact that the defendant has a previous conviction in the decision of sentence, but the nature of the crime in this case is not good, that the defendant has no previous conviction exceeding the fine, that the defendant recognizes the crime and repents the mistake in depth, and that he has deposited it;

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