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(영문) 부산지방법원 2016.11.18 2016고단5656
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 11, 2016, at least 23:40 on August 23, 2016, the Defendant committed assault, such as the Defendant, on the street in front of the C Reading Center located in the Young-gu, Busan Metropolitan City, the Defendant, who was under the influence of alcohol, walked a disturbance, such as lying away from the road, lying down on the road, and lying away from E, who was dispatched to the site after receiving a report of 112, who was dispatched from the police officer belonging to the D Zone Unit of the Busan Young-do Police Station, and was taking a knee, walkinging the left knee of the above E, who was dispatched to the site upon receiving a request for support.

Accordingly, the defendant interfered with the maintenance of police officers' order and legitimate execution of duties concerning crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused;

1. Statement of statement, investigation report, application of Acts and subordinate statutes to E;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Execution of Official Duties shall be taken into account in the case where the degree of assault, intimidation and deceptive scheme is minor (special mitigation) in the mitigated area (one to eight months), [decision of sentence] the degree of punishment for the obstruction of performance of official duties is minor (decision of sentence], there is no record of punishment for the obstruction of performance of official duties, the degree of the obstruction of official duties

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