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(영문) 부산지방법원 동부지원 2016.08.24 2016고단1036
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 3, 2016, the Defendant: (a) 00:07 around 00:07, while under the influence of alcohol in the south-gu Busan Party C Scki in the south-gu B, Busan, the Defendant frank the fright; and (b) on June 3, 2016, the police officer E of the Busan Southern Police Station D commander called out after receiving a report of 112, who was the police officer of the Busan Southern

“A person who is asked of questions, was off on the road by gathering off the reporter’s post on the road, and, if “Nices are off the road,” assaulted E by having his body one time pushed off and serving him with drinking, thereby hindering the police officer’s legitimate execution of duties concerning the handling of the reported case.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on investigation reporting;

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 former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing of Article 62-2 of the Criminal Act, including the observation of protection, order to attend lectures, and order to attend a community service order, is an act of violence, which is committed against the police officer dispatched to the police officer who fright to wear the fright, and the crime of this case is disadvantageous to the nature of the crime, and the defendant has been punished for the same crime.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Crimes Interfering with Official Duties, Interference with Official Duties, Type 1 (Obstruction of Official Duties, etc.)

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