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(영문) 부산지방법원 2018.08.14 2017고단5347
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant, who was under the influence of alcohol on the road, was accompanied with C by a police officer belonging to the Busan Coastal Police Station B, who was called up upon 112 report, to the same district.

피고인은 2017. 10. 21. 00:55 경 부산 연제구 D에 있는 위 지구대 앞에서 위 경찰관으로부터 “ 가족들이 도착하였으니 귀가하라” 는 말을 듣자 아무런 이유 없이 발로 위 경찰관의 사타구니 부위를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties on the maintenance of public peace and order.

2. On October 21, 2017, around 01:43, the Defendant: (a) was arrested and taken in from the office of the Busan Coast Guard E office located in the Busan Coast Guard E office in the Busan Coast Guard; and (b) was arrested for the commission of the crime described in the foregoing 1. Paragraph (c) on the hand floor of the police officer F of the Busan B B B B District in the Busan Coast Guard without any reason.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.

Summary of Evidence

1. Each police statement with respect to C and F;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense and the choice of punishment;

1. The sentencing period of Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is deemed to be the first crime [the scope of a recommendation] and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, and Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes, and Article 1 of the Act on the Aggravated Punishment of Specific Crimes, and Article 1 of the Act on the Aggravated Punishment of Specific Crimes [the scope of a recommendation] / [the scope of a recommendation] Article 2 of the Act on the Aggravated Punishment of Specific Crimes without any special person [the scope of a recommendation] Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes (Interference with and 6 months from 6 months to 6 months from 6 months from 6 months [the decision of sentencing]] comprehensively taking into account the circumstances, methods and methods of the crime in this case, circumstances after the crime, Defendant's age, Defendant's behavior, environment, etc., and various circumstances in the sentencing order of this case.

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