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(영문) 부산지방법원 서부지원 2017.08.08 2017고단539
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

At around 18:40 on May 2, 2017, the Defendant: (a) was under the influence of alcohol in front of the Defendant’s house located in the Busan Yung-gu B; (b) when the police officer D, who was called to the scene, requested the Defendant to return home at the scene after receiving a report of 112; (c) the police officer D, who was called to the scene, who was called to the scene, sent to the scene, took a bath; and (d) once he was able to take a part of the said D’s discharge; (d) the right course of the said D’s right course is walking back several times due to his hand; and (e) once again, he saw the left side of the said D.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The crime of this case in which a sentence of sentence was rendered is an assault against a police officer dispatched after being reported to 112, and the police officer concerned is not subject to the minor punishment, and the police officer concerned wishes to punish the defendant.

However, the defendant shows the attitude to recognize and reflect the crime.

A defendant's health status is not good and there is no record of being punished for the same kind of crime or punished beyond a fine.

In addition, the defendant's age, sex, environment, motive and background leading to the crime of this case, methods and results of the crime of this case, the circumstances after the crime of this case, etc. shall be comprehensively considered, and all of the sentencing conditions in the arguments of this case and the records shall be determined as ordered.

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