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(영문) 부산지방법원 2017.02.01 2016고단7355
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 25, 2016, the Defendant was dismissed from the auxiliary police officer C belonging to the Busan Geum-gu Police Station at the Busan Geum-gu Police Station located in 1819 as the center of Geum-gu, Busan on October 25, 2016.

Defendant 1, on the ground that the above C was prevented, assaulted, such as “I am frien, I am frien, I am hye, I am hye, I am hye, I am hye, I am hye, I am hye C’s face, I am fye, I am hye C’s face, and I want to walk with the above C’s bridge.

Accordingly, the defendant assaulted the above C and obstructed the legitimate execution of duties concerning the prevention of crimes and the protection of office buildings of auxiliary police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Application of three Acts and subordinate statutes to the investigative report (ATV attachment) - Image closure data;

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act, which committed the crime of this case, is disadvantageous to the nature of the crime, which prevents the defendant from performing his duties by assaulting the police officer as above.

However, considering the facts that the defendant is against the defendant, there is no previous conviction in the same kind, the defendant's age, occupation, health, sexual conduct, family relationship, motive and circumstance before and after the crime, etc., the punishment of the same kind as the order shall be determined.

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