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(영문) 부산지방법원 2018.09.06 2018고단3042
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On May 26, 2018, at around 01:45, the Defendant: (a) was under the influence of alcohol in front of the public service center of the Busan Dong Police Station, the Busan Dong Police Station, located in the name of Busan Dong-gu, Busan, and sought access to the public service center of the police station in the territory of the Gu; (b) took a bath to the above C on the ground that the daily police officer belonging to the above police station B, who works for the guard, prevents C and D from entering the public service center of the police station; and (c) assaulted the above C on the ground that C and D, who were the auxiliary police officer belonging to the above police station B, were at his/her hand son’s seat

As a result, the defendant has prevented the police officer from performing his/her duties properly.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of laws and regulations on police statements made to D and C;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] No. 1 (Obstruction of Performance of Official Duties and Compelling of Duties) in the basic area (from June to June 1) [Judgment of sentencing] [Judgment of sentencing] and the attitude of recognizing and opposing the fact of the instant crime without any record of punishment. In addition, considering the circumstances surrounding the instant crime, means and methods, degree of interference with performance of official duties, circumstances after the instant crime, Defendant’s age, sexual behavior, environment, etc. and other various circumstances, which are the conditions for sentencing under Article 51 of the Criminal Act as shown in the record and arguments, the sentence is determined as ordered.

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