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(영문) 부산지방법원 2016.06.09 2016고단1402
공무집행방해등
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

At around 03:00 on December 12, 2015, the Defendant, upon receiving a report from 112, stating that “Abrea female customers under the influence of alcohol do not enjoy on the floor” in “C main points” located in “C main points” located in the Busan East-gu, Busan, a police official belonging to D District Police Station in Busan, who is the police officer belonging to D District Police Station, and F, made a complaint against the act of taking measures such as sending G back to the hospital, and made a talk to E, and thereby interfere with the Defendant’s performance of duties regarding the handling of 112 reports by assaulting the aforementioned police officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

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

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 (see e.g., Reasons for sentencing)

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] There is no basic area (from June to one year and four months) (the person subject to special sentencing) [Pronouncement Decision] in order to protect the lawful performance of official duties of the State and to establish a sound social order, it is necessary to be strict to interfere with the performance of official duties in order to protect the legitimate performance of official duties of the State.

In particular, the crime of this case is not likely to obstruct the performance of official duties by exercising violence against two police officers who intend to rescue the daily behaviors with the potential under the influence of alcohol.

In addition, the defendant has already been subject to criminal punishment twice due to the crime of violence, etc.

On the other hand, the defendant shows an attitude against each of the crimes in this case, and in relation to the insult of the victim E, the above police officer found the crime and received a written withdrawal of the complaint, and the victim police officer found the crime and deposited the money.

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