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(영문) 부산지방법원 2017.06.21 2016고단3484
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 16, 2016, around 21:55, the Defendant: (a) had been asked about personal information from the police officer B, etc. of the Busan War Station where he was dispatched after receiving a report from 112, in the case of having been receiving medical treatment from a member of the first-aid service on the head, for reasons of unknown knowledge, in the case of a police station belonging to the Busan Northern District Fire Station, which was stopped on the 6m of 285m of the Busan Northern District Fire Station.

When the defendant expresses his personal information, it is difficult to clarify that he is the person who has not been punished by a fine, and the defendant expressed his motive to B, etc., "I Y, I am ar. I am ar. I am arbly, I am arbly, I am son B's right-hand son, and assault B's clothes, etc. several times in his hand.

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

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Investigation report (e.g., details of interference with the performance of official duties) - Application of Acts and subordinate statutes taking photographs of the victim's body;

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. The Defendant’s crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure is not against the law that prevents the performance of official duties by assaulting the police officer as above.

However, the sentencing conditions in the records, such as the defendant's age, health, occupation, sex, family relationship, and circumstances before and after the crime, are determined by considering the following factors.

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