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(영문) 부산지방법원 서부지원 2018.05.16 2017고단1589
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On July 29, 2017, around 04:35, the Defendant assaulted the victim E (18 years old) who did not have any one-way way prior to the D convenience store located in Seo-gu Busan, Seo-gu, Busan, on the one hand, “However, the Defendant told the victim “a person who is asked to be “,” and assaulted the victim’s left side with the victim’s own hand on the other hand.

2. The Defendant interfered with the performance of official duties at the above date and time, and at the same place, and was assaulted by the Defendant against the police officers, such as G police officers belonging to the Busan Western Police Station F District, who called out after receiving a report by the same victim.

After making a statement, the victim tried to make an additional threat to the victim, and the above G et al. tried to keep the defendant's arms, and the above G et al. was put in the above G as head.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes, such as a written opinion and an investigation report (Attachment of a victim G photograph);

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Article 260 (1) of the Criminal Act, and the choice of imprisonment, respectively, with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Category 1 (Interference with the Execution of Official Duties) (Interference with the Execution of Official Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor;

B. No. 2 Crimes (Assaults) and No. 1 (General Assaults) are basic areas (from February to October) (Special Sentencings).

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to one year;

2. The crime of this case by a sentence of sentence is committed by the defendant, and the police officer dispatched after receiving a report of 112 is not good enough to commit the crime.

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