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(영문) 부산지방법원 2017.02.09 2016고단8335
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 30, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Busan District Court on August 30, 2012, and completed the execution of the sentence on April 29, 2014.

On November 14, 2016, the Defendant, at around 21:35, filed a domestic violence report and received a domestic violence report from E who is a public official belonging to the police station of the Gangseo-gu Busan Police Station, and took a bath, and obstructed the police officer’s performance of duties in relation to crime prevention and suppression of the police officer.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (netly six times), and application of each statute of the judgment;

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

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] There is no person who has the basic area [6 months to one year and six months] [Special Sentencing] [Judgment of sentencing] [Judgment of sentencing], but the defendant shows an attitude of opposing the defendant to recognize the crime. However, the crime of this case requires strict degree of interference with the performance of official duties in order to protect the legitimate performance of official duties of the State and to establish a sound social order, and the crime of this case is committed in light of the following: (a) the crime of this case was committed by assaulting the defendant while being dispatched to the police officer who tried to speak after being reported, obstructing the performance of official duties by exercising violence; (b) there is no record of criminal punishment for the same kind of crime; (c) there is no record of criminal punishment for several times due to the crime of violence, and (d) the record of having been sentenced several times due to various kinds of crimes during the period of repeated crimes.

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