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(영문) 부산지방법원 2017.04.19 2017고단1016
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, at around 09:40 on December 17, 2016, was under the influence of liquor in front of “C” main points located in “C” located in Busan Jin-gu, Busan, and was forced to take measures from “C,” and “F,” the Defendant, upon receiving a 112 report, sent out to the police officer, to the head E and F, belonging to the Busan Jin-gu police station D Rable of Busan, who was called up after receiving a 112 report.

“Absing the police officer’s bath, the police officer interfered with the operation of the patrol vehicle, such as getting off the patrol vehicle on two occasions with the defect of getting off the patrol vehicle at the above site, and continued to stop this, the police officer carried the body of the cream E with his hand, and pushed down the breast part by hand.

Accordingly, the defendant interfered with legitimate execution of duties in relation to the prevention and suppression of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is one of the offenses committed by the Defendant, without being aware of, even though the Defendant was in a pending trial due to the same kind of crime, and thus obstructing the performance of official duties by assaulting the police officer as above.

However, the sentencing conditions in the records, such as the fact that the defendant is against the defendant, the fact that the damaged police officer is not subject to the punishment of the defendant, the fact that there is no particular criminal record, and the defendant's age, health, occupation, sex behavior, family relationship, and circumstances before and after the crime, shall be considered and the sentence like the order is determined.

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