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(영문) 부산지방법원 2015.06.08 2015고단2078
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 25, 2015, around 23:40 on March 25, 2015, the Defendant: (a) filed a 112 report in front of the foreign exchange bank located in the city of Busan, which was located in the middle of 743, and was dispatched to the site; (b) the background D belonging to the C District would ask the Defendant to ask his personal information; and (c) the Defendant carried out drinking to the said D; and (d) the police officers belonging to the same district group had committed assaulting the suspension of the right-hand side of the E.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 report handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and E;

1. Article 136 (1) of the Criminal Act concerning the crime concerned (the point of obstruction of performance of official duties);

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] The scope of the sentence compared to the sentence and the recommended sentence that have no basic area (6-1-4 months and month) (6-1-4 months) of the obstruction of performance of official duties: 6-1 year and four months (decision of sentence), confession from victims (decision of sentence), confession from victims, receipt of a letter of apology from victims, absence of any force exceeding the fine, other conditions of the sentencing prescribed in Article 51 of the Criminal Code, sentencing guidelines prescribed by the Supreme Court Sentencing shall be determined as per the order.

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