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(영문) 부산지방법원 2014.08.13 2014고단5191
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

On May 29, 2014, on the ground that the defendant's report was made by the defendant around May 29, 2014, the duty of the police officer belonging to the Busan Coast Guard C District District District of the Busan Coast Guard, who operated at the defendant's home, was not in mind, and around 17:00 on the same day, the defendant was found to be in Busan Coast Guard C District District of the Busan Coast Guard, which was located in D, and the situation where the above district unit was waiting to "I see that I am, I am, I am, I am, I am," and the defendant expressed that "I am, I am, I am, I am, I am, I will am in his hand" to the Inspector F of the above district unit who continued to restrain it.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to the handling of duties of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of CCTV Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62-2 of the Probation Criminal Act [Scope of Recommendation] There is no basic area (6 months to one year and four months) of obstruction of performance of official duties (the special person who has been sentenced] [decision of sentence] The defendant shows an attitude of misleading and opposing the defendant's wrongness, the defendant did not inflict any injury on police officers, and the defendant committed the crime of this case during the period of suspended execution of the crime of injury (However, the current period of suspended sentence has expired).

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