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(영문) 부산지방법원 2017.08.10 2017고단1642
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 4, 2017, the Defendant, at around 20:10 on March 4, 2017, committed assault, such as: (a) the Defendant, who was going to go on the third floor of the building at the address of the Defendant located in Busan Jin-gu, Busan, and (b) the border area E belonging to the Busan Jin Police Station D, which was called upon by receiving a report, to stop; and (c) the Defendant, who was able to go on the third floor of the building on the third floor; and (d) the Defendant, upon receiving the national tax, committed assault, such as: (a) the Defendant: (a) the Defendant, who was in turn at the right side of the police officer’s vehicle; (b) the Defendant, who was in turn, was able to walk the buckbbbbbbbbbb, walking the left part; and (b) the Defendant, who was in turn, was fluencing the left hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of police officers' lives and bodies.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement protocol of the police;

1. Application of Acts and subordinate statutes to the victim's body photographs, etc., and the detailed statement of 112 reported case;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [the scope of recommendation] interference with the performance of official duties (in January to August) / [the special mitigated person] / the extent of violence, intimidation, deceptive scheme, or obstruction of official duties is minor (the decision of sentence] / there is no criminal history of the defendant, and the defendant appears to have an attitude to recognize and reflect the fact of the crime in this case. In addition, the following circumstances are comprehensively taken into account the motive and background of the crime in this case, circumstances after the crime in this case, the defendant's age, sexual behavior, environment, etc., and other various circumstances, which are the conditions for sentencing under Article 51 of the Criminal Act, which are shown in the records and arguments in this case.

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