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(영문) 부산지방법원 동부지원 2016.10.12 2016고단836
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 26, 2016, around 07:20, the Defendant: (a) moved to the E Zone of the Shipping Police Station located in Busan Metropolitan City, on the crosswalk of the D Driving Schools in front of the D Driving Schools in Busan Metropolitan City; (b) “A person is on the crosswalk side,” who was under the influence of alcohol, after receiving a report 112, was sent to the patrol vehicle by the Chief F, etc. belonging to E Zone for the Shipping Police Station E Zone, and moved to Busan Metropolitan City E Zone.

At around 07:25 on the same day, the Defendant: (a) seeed that he was able to return home from the above F immediately after getting off the said patrol car; (b) her title was hicked once by using his hand; and (c) knicking the left arms.

Accordingly, the Defendant interfered with the legitimate execution of duties in relation to F’s protective measures, which are police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of F;

1. Application of the CD-related Acts and subordinate statutes to screen site images;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is an unfavorable circumstance, where the crime of this case was committed against a police officer who provided relief to himself/herself, such as the nature of the crime is bad, and the defendant has a majority of the previous crimes.

However, the fact that the type used by the defendant is not very serious is favorable.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria - Determination as to the defendant's assertion, such as the obstruction of performance of official duties, obstruction of performance of official duties, and Category I (Obstruction of Performance

1. Defendant’s assertion ① “The Defendant, at the time of the instant case, is going to work as a cleaning agent, while restoring clearly awareness to police officers.”

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