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(영문) 부산지방법원 2016.02.17 2015고단7636
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 becomes final and conclusive.

Reasons

Punishment of the crime

On September 12:30, 2015, the Defendant heard the complaint about the case previously reported by the Defendant at the D District District D located in Busan Dongdong-gu, Busan, and sought a detailed statement about the civil petition from the E details and F police officer belonging to the said District E, and the Defendant’s statement about the petition.

C. The expression “Epron I” was expressed and notified that he may continue to take a bath and be subject to punishment from the horse G belonging to the said D District G, i.e., e., the age gue gue gue’s gueb,

In doing so, the part of the police officer’s breath was flick and boomed twice by hand while taking the bath as “flag feb.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the police statement protocol to 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. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of recommendation and sentence] There is no basic (six months - one year and four months) [the person subject to special sentencing] [the decision of sentencing] of the crime of this case, despite the fact that the defendant was punished by a fine for the same kind of crime, the crime of this case prevents the execution of official duties by assaulting a police official at any time. The nature of the crime is not weak.

However, considering all the circumstances, such as the defendant's age, health, sex, environment, motive and circumstance of the crime, etc., the punishment as ordered shall be determined by taking into account the following factors: (a) the defendant is against the defendant; (b) there is no previous conviction exceeding the fine; (c) the suffering from mental disease; and (d) the defendant suffers from the mental disease.

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