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(영문) 부산지방법원 2016.09.21 2016고단3957
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 15, 2016, around 05:20 on July 15, 2016, the Defendant, at around 05:20, had the Defendant, who avoided the disturbance of alcohol from drinking to the patrol lane.

B Sheet C of the earth: “Chewing Sheet, strings, strings, strings, and strings in the manner of their mind.”

"Blothing," and assaulting, such as blothing and spathing the breath of the above slope C, thereby obstructing police officers' legitimate execution of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation and sentence] of Article 62(1) of the Criminal Act has no basic ( June - one year and four months) [the person subject to special sentencing] [the decision of sentence] of the crime of this case is that the defendant assaults a police officer as above to interfere with the performance of his official duties, and the nature of the crime is not weak.

However, the sentencing conditions in the records, such as the defendant's age, occupation, sex, family relationship, motive and circumstance before and after the crime, etc. shall be determined by comprehensively taking into account the following factors: (a) the defendant is against himself; (b) the primary offender; (c) the social relationship is clear; and (d) the punishment like the order.

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