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(영문) 부산지방법원 서부지원 2017.06.14 2017고단297
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 26, 2017, around 21:25, the Defendant: (a) was under the influence of alcohol in front of the Busan Western-gu C building; (b) obstructed the police officer’s legitimate performance of official duties in relation to the reporting processing of the victim E (27 years old) by assaulting the victim E (27 years old) by assaulting the victim, who was under the control of the said victim, and attempted to keep the victim under the control of the said victim under the control of the said victim, by asking the Defendant’s wife and asking him of the case to F; and (c) assaulting the Defendant’s 112 police officer’s 112 report handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to a photograph by cutting down images);

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the community service order are as follows: (a) as the police officers dispatched to this end interfere with legitimate performance of official duties, Defendant should be punished.

However, considering the fact that the defendant appears to have an attitude against the defendant, and that there is no criminal record of a fine or more, the court decides to suspend the execution of punishment only once, considering the defendant's age, sexual conduct, environment, motive and means of crime, motive and consequence of crime, circumstances after crime, etc., as stated in the arguments of this case. It is so decided as per Disposition.

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