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(영문) 부산지방법원 서부지원 2018.09.19 2018고단613
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 25, 2018, at around 22:05, the Defendant: (a) committed assault, such as cutting down the shoulder of the above F and pushing ahead of the chest, and pushed down the chest on the road in front of the Busan, the Defendant, who was under influence of alcohol, and was dispatched to the site upon 112 report, due to the F circumstances belonging to the Busan, E District Unit of the Police Station E District of the Busan, who was called to the site.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., of community service and order to attend lectures;

1. Type 1 (Interference with the performance of public duties and coercion of duties) in the basic area (from June to June) of the sentencing criteria (a person who has no special sentencing person).

2. In addition, considering the favorable circumstances, such as the fact that the offense of this case was committed under the influence of impeding the exercise of legitimate public authority by which the defendant should be strictly executed, and the fact that the defendant recognized the offense of this case and repented in depth, and that the defendant has no record of criminal punishment exceeding the fine, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions in the process of the record of this case and the changes thereof.

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