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(영문) 부산지방법원 2016.11.10 2016고단4203
공무집행방해
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

, however, two years from the date of this judgment.

Reasons

Punishment of the crime

1. On July 25, 2016, Defendant A: (a) discovered a G, a police officer belonging to the Busan Police Station F District, who was called out after receiving a report from 112, that “it seriously assaults another woman” in the underground shopping district near Busan District E, Defendant A, at around 23:00, has obstructed the performance of duties of the police officer in relation to the investigation of the crime by assault, such as: (b) probing the chest by hand; (c) probing the chest; (d) probing the flab; and (e) displaying the flab; and (e) flabing the flab; and (e) flabing the flab.

2. Defendant B, at the above time and place, deemed that the police officer’s attempt to arrest a flagrant offender A with the suspicion of obstruction of performance of official duties, and assaulted the above G’s shoulder and lusium by force, thereby obstructing the police officer’s performance of duties in relation to the suppression of the crime.

Summary of Evidence

1. Defendant A’s legal statement

1. Legal statement of witness G;

1. Application of the police statement law to H

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment (for the accused) concerning the facts constituting an offense, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act:

1. Probation (Defendant A) and community service order (Defendant B) under Article 62-2 of the Criminal Act;

1. The reasons for the sentencing of Article 186(1) of the Criminal Procedure Act (amended by the defendant B) of the cost of lawsuit [the scope of the punishment of recommending] There is no basic area [6-1-1-4 months] of the obstruction of performance of official duties (amended by the court below] [decision of sentence] The crime of obstruction of official duties of the State needs to be mitigated in order to protect legitimate public duties of the State and to establish a sound social order. Defendant A has a record of criminal punishment several times due to the crime related to violence; Defendant B has no record of criminal punishment; Defendant B is hard to find a contradictory color even if it is more poor to obstruct the police official duties of the police officer who intends to arrest a flagrant offender; Defendant A is against the punishment of the court below all the Defendants.

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