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(영문) 부산지방법원 2015.12.09 2015고단6096
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 28, 2015, the Defendant, at around 22:30, 201, received the report of domestic violence at the Defendant’s residence, 201 Dong 22204, the Defendant took a bath to the Defendant’s slope D affiliated with the Busan High Police Station C District Unit of the Busan High Police Station, according to the Defendant’s reason for returning the Defendant to the hospital, and obstructed the police officer’s legitimate execution of duties in relation to crime prevention, suppression, and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Reasons for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] There is no person who has the basic principle (6-1 year and April) of the obstruction of performance of official duties (6-1 year and April), [decision of sentence] of the crime of this case is that the defendant assaults a police officer as above to interfere with the performance of official duties, and the nature of the crime is not somewhat weak.

However, the punishment as ordered shall be determined in consideration of all the circumstances, such as the fact that the defendant is against the defendant, the fact that there is no previous violation, and the age, character and conduct, environment, motive and circumstance of the crime, and the circumstances after the crime, etc.

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