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(영문) 부산지방법원 2016.04.27 2016고단936
공무집행방해등
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 and conclusive.

Reasons

Punishment of the crime

On 28. 02. 02. 02. 02. 02. 02. 02. 02.05, the Defendant got an emergency bell installed at the same place without any justifiable reason before the 22th Busan East Police Station's resignation 22 Busan East Police Station's resignation. Accordingly, the Defendant was able to ask C about the reasons for taking an emergency bell from the police officer belonging to B police station of the Busan Police Station B of the Busan East Police Station.

Accordingly, the Defendant, while carrying out a serious bath, carried the above police officers with drinking twice and breath, pushed the breath of the breath of the police officer, and carried the breath of the d patrol with his hand, and had the police officers do so on the right side of the D patrol.

Accordingly, the Defendant interfered with legitimate execution of duties concerning the dispatch of report 112 by the police officers, and damaged things used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to patrol pictures;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the choice of imprisonment for each crime;

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. The reason for sentencing under Article 62(1) of the suspended sentence of the Criminal Act [the scope of recommendation and sentence] the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution of Official Duties shall be mitigated by Category 1 (Obstruction of Performance of Official Duties/ Compelling Performance of Duties) (In -8), mitigation by Category 1 (Invalidity of Performance of Duties) (Invalidity of Public Goods) and Destruction and Destruction of Public Goods: -1 year [Special Sentencing] where the degree of assault is minor, damage to Public Goods: In the event that the degree of assault is minor, damage to Public Goods is minor (the decision of sentencing] in the instant case where the Defendant assaults the police officer as above and damaged the police police line, and the nature of the crime is not weak.

However, the fact that the defendant is against himself, the primary offender, the degree of violence and the value of damaged articles is minor, the social ties are clear, the fact that the amount of 200,000 won has been deposited for the recovery of damage, and the health of the defendant.

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