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(영문) 부산지방법원 2017.07.07 2017고단926
공무집행방해
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above penalties shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A’s interference with Defendant A’s performance of official duties on February 1, 2017, 01:5, in the “E station located in Busan-gu Busan-do,” “E station,” Defendant A, upon receiving a report from 112, intends to have a customer go home to the scene by drinking alcohol.” Defendant A, who was sent to the scene by the police box affiliated with the Busan-gu, Busan-do police station F police station’s police box, was able to go home to the end, “I am to go home to go home.”

It refers to "G" and includes a strong drinking of G. G.

As a result, Defendant A interfered with the legitimate execution of duties by police officers concerning the 112 reporting processing duties.

2. Around 02:00 on February 1, 2017, Defendant B, for the same reasons as the above-mentioned 1, Defendant B, who interfered with Defendant B’s performance of official duties, was able to get the victim G to catch up and bring in the victim’s arms in order to prevent any defect that Defendant B attempted to arrest the victim as a current offender, and, among many and unspecified people, the victim said that “a roshed, Chewing sark.”

As a result, Defendant B interfered with the legitimate execution of duties by police officers concerning the arrest of flagrant offenders, and openly insulting the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Statement with respect to G;

1. The application of the investigation report (3,4) and the Acts and subordinate statutes to the accusation place;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 136(1) of the Criminal Act

B. Defendant B’s choice of imprisonment under Article 311 of the Criminal Act, Article 136(1) of the Criminal Act

1. Aggravation of concurrent crimes (defendant B), the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. In the case of Defendant A [the scope of the recommended punishment] The basic area (fe.g., interference with the performance of official duties and coercion of duties) (fe., six months to one year and six months) of the basic area (fe.g., no person subject to special sentencing): The sentencing range compared with the recommended punishment: six months to one year and six months [fe., sentence] according to the sentencing guidelines; the defendant did not have any criminal record for the same kind; the police officer did not have any criminal record for the same kind; the degree of the crime is not heavier; and the crime is not heavier.

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