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(영문) 부산지방법원 서부지원 2017.08.17 2017고단646
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 June 2, 2017, around 05:20 on June 2, 2017, the Defendant avoided disturbance without giving alcohol to the owner of the business at the place of “C”.

“A person who is a police officer of the Busan Police Station D District Police Station at the Busan Police Station at the Busan Police Station upon receipt of a report 112, shall hear the circumstances of the case from the owner of the business and the defendant, and may deal with the defendant by means of a decision without any drinking value.

- . . .. ... .... ......

In the blusing and distribution of blusing E by using the blusing blusing blus and blusing blusing blus, etc., and tried to break away from the place.

Accordingly, as the above E controls the defendant, the defendant Eul "hyb hyb hyb hyb hyb hyb hyb hyb hyb on the same year.

C. The face side of the above E was unloaded several times on the bank which was possessed while hinging to the humb, etc.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers in relation to the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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 reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of punishment recommended according to sentencing guidelines] The act of obstructing the legitimate performance of official duties should be punished strictly.

However, in light of the fact that the defendant appears to have an attitude against the defendant, the fact that the defendant has no previous conviction or heavier than the fine, the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc., the execution of the sentence shall be suspended only once in consideration of various sentencing conditions as shown in the arguments in this case, such as the circumstances after the crime, etc.

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