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(영문) 부산지방법원 동부지원 2017.03.29 2017고단124
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 November 26, 2016, the Defendant 23:14 on November 26, 2016, “C main points” located in Suwon-gu, Busan.

“The State Party,” upon receiving a report from the above State Party 112, was called from the police officers affiliated with the Busan Coast Guard D Police Station D’s Department, to return home at the above State Party.

On November 26, 2016, at around 23:30, the Defendant: (a) before the Busan Coast Guard D police station located in Suwon-gu, Busan, Busan, a police officer called a cement gun for the prevention of parking in front of the surrounding commercial building in order to resisting the receipt of a request for returning home from the police officer; and (b) during the process of carrying out the said cement box, the Defendant was subject to the control from F of the police box to which the said police box belongs; (c) while carrying out a bath to the said F, the Defendant committed an assault, such as booming his her flaps, by hand, while taking the bath to the said F.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the prevention of the above F crime, which is a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a report on investigation (the front form of a crime), the screen of a CCTV-cape, a report on investigation (the image of a crime), and a report on investigation (the situation before and after the

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. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is an act of violence by a police officer who solicits a police officer to return home at the main point, and the nature of the crime is not good, and at the time, the defendant seems to have engaged in cement cutting and threatening behavior.

However, it is advantageous to the fact that the defendant recognized the facts charged and seriously reflects the facts charged, the fact that the defendant seems to have committed a contingent crime in the whole manner, and the fact that the defendant has no record of criminal punishment except for one kind of fine.

(b) other.

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