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(영문) 부산지방법원 2017.04.13 2017고단327
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] On January 23, 2015, the Defendant was sentenced to four months of imprisonment for fraud at the Busan District Court on April 16, 2015, and completed the execution of the sentence at the Busan Detention Center.

[2] On January 4, 2017, the Defendant: (a) was under the influence of alcohol in front of “C” main points located in Geum-gu, Busan, the Defendant: (b) held the Defendant’s arms at the right side of the said E on the ground that the border Party E, who was called for after receiving a report of 112, put the Defendant’s arms at the seat of the Busan Geum-gu Police Station D branch; and (c) held the Defendant’s arms at one time on the ground that the border Party E puts the Defendant’s arms at the seat; and (d) held the Defendant’s arms at the right side for about two weeks to receive treatment.

As a result, the Defendant interfered with the legitimate performance of duties by police officers concerning prevention, suppression and investigation of crimes, and at the same time injured the victim E (34 tax).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Video-recording photographs, front and rear photographs, and written diagnosis of injury on the face of a crime scene;

1. Records of the judgment: Application of a reply to inquiries, such as criminal history, (A), investigation report (verification, etc. of the fact that a suspect A is a repeated offense), and a statement of acceptance status of each individual, to the Acts and subordinate statutes;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the police officer in the course of performing official duties was asked to inflict bodily injury, and the method and content of the crime are inferior, the defendant was sentenced to suspended sentence by committing an injury or interference with the performance of official duties in 2011, and the crime of this case was committed during the period of repeated crime, and other punishment as ordered shall be determined in consideration of the age, character and conduct, environment, etc. of the defendant.

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