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(영문) 부산지방법원 2015.03.25 2015고단902
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

At around 10:30 on January 19, 2015, the Defendant violated the signal system while driving his coos vehicle from the scoos within the scoos in the Song-dong of Gangseo-gu, Busan, and was exposed to C who belongs to the Busan Gangseo Police Station, which is under traffic control.

In order to regulate traffic, the Defendant: (a) expressed to the police officer C’s desire to notify the Defendant of his affiliation, name, and violation; (b) received a driver’s license of a motor vehicle; and (c) to take a notice disposition on the signal violation; and (b) expressed that “I am feasia, why I knew of the signal violation; (c) why I am feasia; and (d) why I am feasia without verifying personal information; and (d) am feasia, I am feas of the above patrol officer with her hand; and (e) assault C’s chest feas of the above patrol officer four times with her hand.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on traffic control.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement C to the Act

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] There is no basic area (6 months to one year and four months) of the obstruction of performance of official duties (the special person who has been sentenced] [decision of the sentence] The defendant appears to have the attitude of acknowledging and opposing the crime, the degree of obstruction of performance of official duties, and the fact that there are no criminal records of the same kind.

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