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(영문) 부산지방법원 2019.01.09 2018고단2703
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 7, 2018, the Defendant: (a) around 11:10, on the road in front of the police box located in Busan Jung-gu, Busan; (b) was in violation of the Defendant’s water leakage or D’s E-W-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-C

The Defendant, who is dissatisfied with the traffic regulation, opened the driver's seat and the chief lighting of the vehicle to be driven by the arche Party C while stopping on the road before the police box C, and expressed a large voice to the above G.

Accordingly, while keeping the Defendant to the effect that “a police officer, who belongs to a police box, parks the vehicle immediately to the effect that it does not interfere with traffic, she immediately parked and resisted by small sound, she saw the Defendant to the effect that “a police officer who belongs to a police box that belongs to the same C police box that he was on the side of the above H, and assaulted the Defendant by putting the balth of the above I’s balth to the police officer who belongs to the same C police box as “flading, dick,

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties concerning traffic control and maintenance of order of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of I and G;

1. Application of Acts and subordinate statutes of J;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that a defendant uses violence against a police officer on the ground that he/she is bad during the period of probation.

However, considering that the defendant suffers from a yellow disorder, it is reasonable to give the defendant an opportunity to lead a normal social life once again, and probation is ordered to prevent recidivism.

In addition, it shall be decided as ordered in consideration of all the circumstances that are conditions for sentencing, such as the age, character and conduct, environment, motive and background of the crime, and circumstances after the crime.

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