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(영문) 부산지방법원 2016.08.25 2016고단3360
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 16, 2012, the Defendant was sentenced to imprisonment with prison labor for three years and six months and a fine of three hundred thousand won in the Busan District Court on March 16, 2012, and completed the execution of the sentence on June 30, 2015.

On March 10, 2016, at around 22:34, the Defendant reported to 112 the Defendant as a son because her son was suffering from drinking glass in the Defendant’s residence located in the Busan coastal Port C. On March 10, 2016, E, who was a police officer belonging to the Busan coastal Police Center D District, discovered the Defendant, who was faced with his son at the Busan coastal Police Center D District, discovered the Defendant, who was faced with his her son at the 2nd coastal Police Center, and sent 359 Busan coastal World Cup to the 359 Busan coastal Medical Center.

At around 23:30 on the same day, the Defendant received treatment at the above emergency room, and obstructed the police officer’s performance of duties concerning the handling of reports by 112 on the ground that “I am, I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports;

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] Where the degree of assault, intimidation, and deceptive scheme is insignificant in the mitigation area of Class 1 (Interference with and Compelling of the performance of official duties) (i.e., January to August), the mitigation area (i.e., special mitigation person] [decision of sentence], although the defendant shows an attitude against his/her mistake, and appears to be an offense committed under the influence of alcohol, it is not enough in light of the circumstances leading to the crime.

In addition, the defendant committed the crime of this case without being able to commit a repeated crime even though he was under the period of repeated crime, and is punished by imprisonment with prison labor for four years for causing injury or injury to the execution of special duties, which is the same kind of crime.

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