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(영문) 부산지방법원 2015.11.24 2015고단5998
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 August 9, 2015, around 17:30 on August 17, 2015, the Defendant, under the influence of alcohol in C frontway located in Busan Dong-gu, Busan, requested D to assist the police station where D was under patrol, with no reason.

The Defendant, who was called at D’s request, was at the time on one occasion at the location of F, etc. in the position of F, etc. of the Busan East Police Station E District, and the situation F, in order to prevent the Defendant and to identify his personal information, the Defendant interfered with the police officer’s legitimate official duties, such as assaulting the left side of F on one occasion on the top of the damaged hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to D and F

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., reflectiveness of the defendant, unsatisfying police officers, unsatisfying the punishment of damaged police officers, considering that the defendant has engaged in community service activities so far, and that the defendant has no power to commit any crime, other than a long-term fine and one time) of the Criminal Act [the scope of recommending punishment] the area where obstruction of performance of official duties is mitigated (one month to eight months) (special mitigation).

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