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(영문) 부산지방법원 2016.09.07 2016고단2983
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 15, 2016, around 22:50 on May 15, 2016, the Defendant tried to assault B before the above Public Security Center as a matter of assaulting B of taxi engineer B of the taxi boarding the Defendant, along with his wife, his wife, his wife, and her wife, and her wife, and her wife were assaulted before the above Public Security Center, and the Defendant was removed from D, a police official belonging to the Busan Public Security Center C district of the Busan Special Police Station, called “Crop flab kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb k, and b f f h kb k.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties on the prevention of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made against D and B;

1. Application of Acts and subordinate statutes to each investigation report (No. 9, 11 of the evidence list);

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

1. Selection of imprisonment with prison labor chosen;

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] and the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties) (the scope of the recommended sentence];

2. The sentence of imprisonment in this case shall be imposed in the same way as the order in consideration of the circumstances, such as the fact that the nature of the crime in this case is not good, but there is no previous conviction exceeding the fine, the fact that the crime is recognized and the mistake is divided in depth; and

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