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(영문) 부산지방법원 동부지원 2017.09.14 2017고단1450
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2, 2017, the Defendant: (a) at the entrance of the “C cafeteria” located in Suwon-gu, Busan; (b) received a report from the restaurant to the effect that the customer frights for 20 minutes at the restaurant, and sent to the site the Defendant, who was a policeman E ( South, 26 years old) belonging to the D District, was fright to go back to the site; and (c) expressed that the Defendant frights of the said police officer’s frightet would return to his house; and (d) expressed that the Defendant frights of fright, “C fright, fat, fat, fat, fat, fat, fat, etc., of the Marine Corps 289 and fat, fat, fat at the face of the said police officer twice in drinking.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch and treatment of the above police officer E's 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of a report on investigation (referring to the investigation, etc. into police officers' photographs and witnesses in distress) (referring to the investigation into police officers, etc.);

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Interference with the performance of official duties), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is an act of violence against the police dispatched after receiving a report 112, and the crime is disadvantageous to the defendant, such as the nature of the crime is bad, and the defendant has the record of punishment for the same crime.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Interference with the Execution of Official Duties: Group of Crimes Interfering with the Execution of Official Duties, Interference with the Execution of Official Duties, Type 1 (Interference with the Execution of Official Duties)

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