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(영문) 부산지방법원 2017.08.07 2017고단2924
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 May 19, 2017, the Defendant: (a) reported on May 19, 2017, 112 that “the husband intends to assault” before the Busan Jin-gu apartment B, Busan, 309, 12th floor elevators; and (b) confirmed the Defendant’s residential premises and then waiting the above 12th floor elevator in order to return to patrol back again; (c) told the Defendant to open the house outside of the house and read “the Defendant shall do so,” and used the above D’s chest twice, and assaulted the Defendant at the right side of D with drinking.

As a result, the Defendant committed a legitimate duty-related act on the handling of reports and the prevention of crimes by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

2. Article 62 (1) of the Criminal Act (including the fact that there is no criminal record exceeding the fine in addition to the criminal records of the suspension of the execution of imprisonment for a period of not less than two years, and the fact that it is against the law)

3. The community service order under Article 62-2 of the Criminal Act;

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