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(영문) 부산지방법원 서부지원 2018.08.14 2018고단177
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 one year from the date this judgment becomes final.

Reasons

Punishment of the crime

1. On January 22, 2018, the Defendant committed the crime on January 22, 2018: (a) around 23:15, 2018, the Defendant expressed a bath to the police officer slope F, and G, a police officer of the Busan National Police Station E in the Busan National Police Station, who is under the control of drinking driving, and obstructed the crackdown on driving, and assaulted the police officer of the same police station, who recommended the Defendant to stop and return home on several occasions, at one time the left side of the said H with the right drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the regulation of drinking driving and the maintenance of public order.

2. On January 22, 2018, the Defendant committed the crime at around 23:35, Jan. 22, 2018, on the ground that: (a) around 23:35, the captain, at the Busan City Police Station E office located in the Busan City Police Station as the superintendent of the Busan City, 264, told the police officer I to take a look at the right right side of the instant I, for the reason that the police officer I would be able to take a view of the interference with the performance of official duties, and that the police officer I would be able to do so.

As a result, the defendant interfered with legitimate execution of duties concerning criminal investigations by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to photographs taken by police officers;

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

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Category 1 (Interference with the Execution of Official Duties) (Interference with the Execution of Official Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor;

(b) Category 1 (Interference with the Execution of Official Duties) (Interference with the Execution of Official Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor.

C. The scope of final sentence due to the aggravation of multiple crimes: from June to March 2.

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