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(영문) 부산지방법원 2016.11.24 2016고단6062
공무집행방해
Text

1. The Defendants shall be punished by imprisonment for six months.

2.Provided, That each of the above punishments shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On July 3, 2016, at around 05:20, the Defendants were asked to present their identification cards from G to the police box of the Youngdo Police Station Fabab, who was dispatched after receiving the report of 112 from E, the main shop of the above main shop, in the absence of a drinking value, and Defendant A expressed his desire to “Wababs, fabs, dead, fabs, fabs, fabs, fabs, fabs, fabs, etc., in order to get G to get her head, and fababs, etc., while Defendant B, who was on the fabababs, fababs, fabs, etc., who were on the fabbabs, and fababs, who fabs and fabs in his body.”

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties concerning the handling of 112 reports by the police officers.

Summary of Evidence

1. Defendants’ legal statement

1. Application of each police protocol of statement to G and E;

1. Article 136 (1) and Article 30 of the Criminal Act concerning the applicable criminal facts and the choice of punishment;

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

3. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation]: Type 1 (Obstruction of Performance of Official Duties) and the basic area (six to one year and four months) (special person] of the obstruction of performance of official duties (decision of sentence];

1. The fact that there was a record of being sentenced to suspended sentence for a crime of the same kind as the defendant A, the fact that the crime was started due to the motive and violence of the defendant, the poor character of the crime is disadvantageous, and the crime was not punished due to violence since October 2009, and the facts that are against the law are considered favorable, and the punishment is determined as ordered in consideration of the age, character and conduct, environment, etc. of the defendant and other conditions of sentencing.

2. The crimes committed by Defendant B are not good, but there is no record of punishment more than imprisonment without prison labor, and the same kind of crime.

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