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(영문) 부산지방법원 2016.04.07 2016고단283
공무집행방해
Text

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

1. The Defendant, on January 19, 2016, at around 00:15, at around 00:12, at around the Busan Jin-gu, the Defendant, who is a public official of the police unit D police unit of the Busan Jin-gu Police Station, transferred to Busan Jin-gu, controlled the Defendant, who was a public official of the police unit D police unit,

There is no difference between the defect and the defect, and the width is to do so.

The police officer committed violence, such as chron chron, chron bitch bitch bitch bitch bitch, and bitch bitch bitch bitch bitch, thereby obstructing the police officer’s legitimate execution of duties concerning the control of the crime.

2. At around 00:25 on the same day, the Defendant: (a) committed assault to the police officer on the ground that G, who is the police officer in front of the D District F in Busan, was unable to perform his bath and happiness; and (b) obstructed the police officer’s legitimate performance of duties in relation to the situation service.

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 G;

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. The following facts are acknowledged: (a) the first-class crime for sentencing under Article 62-2 of the Social Service Order Criminal Act with the reason for sentencing [the scope of punishment] is deemed to have been committed in violation of Article 62-2 of the Act; (b) the basic area of the first-class crime (Interference with the performance of official duties and coercion of duties); (c) [the scope of punishment recommended] without any special sentencing person [the scope of recommended] [the scope of punishment] the mitigation area (one-eight months) (one-eight months)] (one-eight months), and the mitigation area (one-eight months) (a special mitigation person] is minor; (d) the degree of assault is minor: June-1 year and eight months [the decision of sentence]; (e) the defendant has expressed an attitude against all of the crimes of this case; (e) the police officer E who suffered damage and the degree of assault on each of the crimes of this case has not been committed.

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