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(영문) 부산지방법원 2016.10.19 2016고단4782
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 7, 2016, the Defendant took a bath on the street in front of the “C” located in the Dong-gu Busan Metropolitan City, on the ground that he was asked about the content of damage, etc. from E, a police officer belonging to the Busan Dong-gu Police Station D District Unit of the Busan Dong-gu Police Station, who was called for, and was asked about the contents of damage, etc., by the Defendant, and was assaulted on his hand on the ground that he did not easily enter the Defendant’s horse.

Accordingly, the defendant assaulted the above E and interfered with the police officer's legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement statute to E and F;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is that the defendant assaulted a police officer as above and obstructed the performance of his official duties, and the nature of such crime is not weak.

However, the sentencing conditions in the records, such as the defendant's age, occupation, character and conduct, family relation, motive and background of the crime, and circumstances after the crime, shall be comprehensively considered.

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