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(영문) 부산지방법원 2015.10.16 2015고단5630
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

On August 8, 2015, at around 05:10, the Defendant requested the confirmation of identification card by asking the age to the Defendant on the ground that E (Nam, 47 years of age) belonging to the Busan Western Police Station D Zone D (Nam, and 47 years of age) return to the Defendant, the Defendant made a request for confirmation of identification card one time with the victim’s hand floor.

Accordingly, the defendant interfered with legitimate execution of duties of police officers' patrols.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F and E, each investigation report (in the process of arrest), and the application of Acts and subordinate statutes related to photographs;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

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

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The execution of imprisonment shall be postponed on the condition of community service, taking into account the following: (a) the basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties; (b) there is no person who has the same criminal history [decision of sentence]; (c) there is no other criminal history; and (d) the degree of violence is not serious

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