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(영문) 부산지방법원 2017.04.12 2017고단113
공무집행방해등
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.

(e).

Reasons

Punishment of the crime

On December 29, 2016, the Defendant was requested to pay the taxi cost of E-si operated by the injured party D within the Busan Dong-dong Police Station C District located in Busan Dong-gu, Busan, the Busan Dong-dong Police Station, and the Defendant continued to take part in the f, G, developments, H, developments, I, and Ha before the Ha of this Ha, “I am fe, and I am in 2,00 won, I am in 10 minutes, and I am am in 10 minutes. I am am me to take part in the Ham., “I am fe, I am, I am, and I am am at the same time, I am am on the left side of J due to the outbreak.”

Accordingly, the defendant interfered with the legitimate performance of official duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, J and F;

1. Application of Acts and subordinate statutes on the face of violence;

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 Defendant from performing his official duties by assaulting the police officer as above.

However, considering the facts that the defendant is against the defendant, the primary offender, the age, occupation, sex, family relationship, motive and circumstance of the crime, and the conditions of the sentencing as shown in the records, the punishment like the order shall be determined.

Rejection of Public Prosecution

1. On December 29, 2016, the Defendant: (a) was requested by the victim D to pay the taxi fee within the Busan Dong Police Station C District located in the Busan Dong Police Station located in the Busan Dong-gu, Busan, by the victim D; (b) the background F, developments G, developments H, developments H, I, and police officers in the above district office; and (c) around the Gyeong J, the Defendant stated, “I am in front of the Y, I am, because I am, 2,00 won, and there is about 10 minutes.”

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