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(영문) 부산지방법원 2015.09.16 2015고단3048
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 becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2015. 5. 8. 01:00경 부산 북구 C에 있는 'D' 식당 앞길에서 피고인이 술에 취하여 행패를 부린다는 신고를 받고 출동한 E지구대 소속 경찰관인 경사 F이 집으로 귀가할 것을 종용한다는 이유로 F에게 “씹할년아. 깔따구 같은 년이” 등의 욕설을 하고 F의 오른쪽 뺨을 2회 때리고, 배를 3-4회 걷어찼다.

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers on the protection of the 112 Report, the 112 Report, the Police Officers and the Police Officers.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. Reasons for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no person who has no basic (6 months-1 and 4 months) (the decision of sentence] of the obstruction of performance of official duties. The crime of this case is committed by the Defendant who has been punished by a fine for the same kind of crime, on the ground that the police officer dispatched upon receipt of a report that he / she breathing a breath under the influence of alcohol will stop home and interfere with the performance of official duties, and the nature of the crime is not somewhat weak.

However, considering the fact that the defendant is against the defendant, there is no record of the crime exceeding the fine, and the age, character and conduct, environment, motive and circumstances of the crime, and circumstances that are conditions for sentencing, such as the circumstances after the crime, the punishment as the order shall be determined.

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