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(영문) 부산지방법원 2016.02.04 2015고단7604
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 October 20, 2015, at around 02:10, the Defendant, on the street in front of the “D main station” located in the Busan Western-gu, Busan Yan-gu, the Defendant: (a) attempted to commit an assault by the police officer F, who was called out after receiving a report by the Defendant, to check the details of the report from G and H, which was called for the Defendant’s death and the Sinan-gu, in order to bring about the defective police officer F, who was called out to check the details of the report from the G and H, with the Defendant’s death and the Sin-si, and continued to walk the G’s bridge to walk on one occasion; and (b) the police officer F, who controlled the Defendant, committed assault on the face of the said police officer on one occasion by drinking the said police officer.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes of H and G

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendations] The basic area (from June to one year and four months) of the first type (in the event of interference with the performance of official duties and coercion of duties) (in the event of a decision of sentence), there is no such a decision of sentence [the person subject to special sentencing], and it is against it, and the fact that a public official who is the object of the crime wants to leave the place of action, etc.

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