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(영문) 부산지방법원 동부지원 2017.06.08 2017고단719
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 February 9, 2017, around 04:20, the Defendant reported a disturbance of 112 by finding and opening a door in the above residence of the C, which was in front of the Suwon-gu, Busan, and continuously opening the door, and committing a disturbance while opening the door.

The defendant was urged to return home from E to the Busan Southern Police Station D's patrol forces, who was called upon the above report, and was forced to go home from E to the above D's patrol forces, and the defendant was assaulted by E, such as the scambling of his arms, the scambling of his arms, and the scambling of his hair.

Accordingly, the defendant assaulted E who is a police officer, and interfered with legitimate execution of duties concerning 112 reporting handling duties, and the summary of evidence.

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Application of Acts and subordinate statutes to a report on investigation;

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 stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. For the crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, a suit is filed to find out the dead female's residence;

The use of violence against the police officer called out after receiving 112 report by the public. The nature of the crime is not good, and the defendant has a criminal record of violence.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, the extent of the type of the defendant's exercise is not much serious, the defendant has no previous conviction in excess of the fine, and the defendant has reached an agreement with E, the counter-party of the obstruction of the performance of official duties.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] -.

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