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(영문) 부산지방법원 서부지원 2018.07.11 2018고단530
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 February 3, 2018, the Defendant: (a) received a report from the Defendant on the use of a lost card at a singing shop located in Busan Northern-gu B on February 3, 2018; and (b) received an inquiry from the Nonparty E, who was asked about the circumstances of the instant case from the Busan Northern Police Station D District; and (c) received a report from the Defendant.

There is no money.

This is called the "Seak-gu," and the two descendants interfered with the legitimate execution of duties of police officers concerning the receipt and processing of reports by 112.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to field CCTV images);

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 Social Service Order;

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. The offense of this case, which was determined by the sentence, is not likely to hinder the exercise of legitimate public authority by the defendant, and is not good, and the defendant has been punished as violent crimes several times, and the defendant recognized the offense of this case and has a deep depth divided into favorable circumstances, such as the fact that the defendant has no record of criminal punishment exceeding the fine, and the defendant has no record of criminal punishment. In full view of all the sentencing conditions shown in the records of this case and the changes thereof, the punishment shall be determined as ordered by the order.

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