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(영문) 부산지방법원 동부지원 2017.07.13 2017고단1022
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

At around 23:30 on December 10, 2016, the Defendant: (a) in front of the D packing horse operated by C in Busan Southern-gu, Busan-gu, upon receiving a report from 112 that the Defendant would avoid drinking disturbance on the packaging horse; and (b) requested the Defendant to return home from F, a private person at the Busan Southern Police Station E-gu, Busan-gu, Busan, upon receiving a report from the above packing horse, the Defendant continued to take a bath to “at once, where the fest, such as inside, would be immediately fest; and (c) if the fest, such as inside, would be fested, where the fest would be, where the fest would be, where; and (d) caused the Defendant to commit violence.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 patrols.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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

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

1. Article 62(1) of the Criminal Act on the stay of execution (The following extenuating circumstances are considered in favor of the sentencing in mind):

1. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is committed by the Defendant, upon receiving a report from the packaging end, that the Defendant would not cause a disturbance of drinking, and uses violence to the police officers dispatched, and is disadvantageous to the nature of the crime.

However, the fact that the defendant recognized all of the crimes of this case and reflected against the defendant, and that the defendant has no criminal record exceeding the suspended sentence and has no criminal record for the same kind of crime is favorable.

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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