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(영문) 부산지방법원 2016.10.13 2016고단4405
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 29, 2016, at around 01:42, the Defendant was under the influence of alcohol in front of the National Bank of Korea, 112, who was under the influence of alcohol, and was taken protective measures from C, a police official belonging to the Busan Disaster Police Station, to board the patrol vehicle and went to his residence.

At around 02:00 on the same day, the Defendant took a bath to the above police officer on the ground that the police officer said that the Defendant was “at the time to write down on the road” before the Defendant’s residence in Busan-gu, the mother of the Defendant, and her hand took a blick at one time.

Accordingly, the defendant interfered with the execution of duties concerning the handling of the 112 reported police officers' 112 cases and the protective measures for the hosts.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no person who has a basic sphere of the obstruction of performance of official duties (6-1-4 months) [decision of sentence] The defendant reflects the wrongness of the defendant, the crime of obstruction of official duties needs to be strictly punished in order to protect the legitimate performance of official duties of the State and to establish a sound social order. The motive or circumstance leading to the crime is poor, the motive or circumstance leading up to the crime is poor, there is no record of criminal punishment except for a fine once, and other various circumstances, including the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime, circumstances after the crime, etc., shall be determined as ordered by the order.

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