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(영문) 부산지방법원 서부지원 2017.09.07 2017고단843
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 19, 2017, the Defendant had already paid the drinking value to the business owner who demanded the drinking value at the “C” singing practice place located in Busan Shodong B around April 19, 2017.

In this regard, I would like to argue that I would like to say that I would like to say that I would like to say that I would not pay the drinking value as a result of the verification of CCTV in the business establishment from the slope E belonging to D District Group, which was called upon 112 report, and that I would like to say that I would like to say that I would not pay it.

” 고 소리치며 머리로 E의 가슴 부위를 2회 들이받고, 이에 E 등이 피고인을 공무집행 방해 등의 혐의로 현행범 체포하려 하자 저항하며 발로 E의 오른쪽 무릎 부위를 1회 걷어찼다.

Accordingly, the defendant interfered with the handling of the 112 reported case by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of punishment recommended according to sentencing guidelines] The basic area (from June to one year and four months) (the decision of sentence] should be punished strictly, and the defendant has already been sentenced to a fine once due to the obstruction of the performance of official duties.

However, in light of the fact that the defendant appears to have an attitude against the defendant, the fact that the defendant has no previous conviction or heavier than the fine, the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc., the execution of the sentence shall be suspended only once in consideration of various sentencing conditions as shown in the arguments in this case, such as the circumstances after the crime, etc.

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