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(영문) 부산지방법원 서부지원 2019.01.15 2018고단1307
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 24, 2018, at least 20:40, the Defendant assaulted the Defendant, on his hand, to the effect that, in front of the C restaurant located in Busan, a substitute driver and a trial operator who were designated as a substitute driver in front of the C restaurant located in Seo-gu, Busan, and the Defendant agreed to the Defendant’s agreement with a substitute driving engineer and a substitute driving technician from the slope E belonging to the Busan, the Busan, Police Station Ddong, which called the Defendant, only once, on the part of his hand, he did so, and spits down the buck in the face of the vehicle by walking the buck in one time.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Each report on investigation;

1. Application of Acts and subordinate statutes concerning the obstruction of performance of official duties;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Type 1 (Obstruction of Performance of Official Duties and Compelling of Duties) of the basic area (six months to one year and six months) (special person) of the sentencing guidelines set forth in the sentencing guidelines;

2. The crime of this case, which was sentenced to punishment, prevents a police officer from performing his/her official duties by assaulting the defendant, such as when he/she was sent to a police officer by proxy driving or a police officer who was reported during his/her trial, under the influence of alcohol. In light of the method of crime, the nature of the crime is not good in light of the method of crime, there is a need to strictly punish the crime of obstruction of performance of official duties in order to establish the legal order of the State and eradicate the light of public authority, the fact that the defendant did not agree with the police officer who suffered damage, and that the defendant was sentenced four times

However, the circumstances favorable to the defendant, such as the fact that the defendant acknowledges the crime of this case and reflects the mistake, and that the defendant has no record of punishment in excess of the previous record or fine, and the age, character, character, environment, family relationship, motive, means and result of the crime.

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