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Reasons
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(영문) 부산지방법원 2017.01.20 2016고단7473
공무집행방해등
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 11, 2016, the Defendant: (a) 01:25, 01: (b) cut locked in front of the entrance of the Busan B-gu C-Seat Club; (c) 112 reported and broken down the victim slope E (30 tax) and patrolmen F (27 tax) who are police officers belonging to the Busan National Police Station D-gu, Busan National Police Station D-gu, Busan National Police Station, who used the Defendant to scam “F scling scling scling scling scling scling scling scling scling scling scling scling scling scling scling scling scling scling scling scling scling scling scling scling scling scling scling scling scling scling scling scling s, etc.).

As a result, the Defendant interfered with the legitimate performance of duties by police officers on the handling of 112 reports and the prevention of crimes, and at the same time, the victims who are police officers suffered the above injury.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused;

1. Each statement protocol with respect to F, E, and G;

1. Application of Acts and subordinate statutes to a report on investigation (medical certificate, on-site conditions, etc.);

1. Article 136 (1) and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] The execution of imprisonment shall be postponed in light of the following: (a) the weighting area of the first type (six months to two years) of the Social Service Order (special aggravated) [the sentence] of the obstruction of the performance of official duties; (b) the fact that there was no record of punishment due to the obstruction of the performance of official duties or violence crime; and (c) the fact that a mistake is recognized.

Provided, That the community service order shall be imposed in consideration of the details of the crime, degree of damage, etc.

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