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(영문) 부산지방법원 2016.05.26 2016고단616
공무집행방해
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On November 18, 2015, the Defendant: (a) sent to the site after receiving a report from the police officer D belonging to the Busan East Police Station C District of the Busan Police Station stating that “A taxi passenger spawns without paying a fare,” around 01:15, the Defendant: (b) expressed the above D’s desire to read “A” to the effect that “A taxi spawns will pay a taxi fee to him/her and use another taxi; and (c) assaulted D’s spawn as his/her hand at one time, and spawn with D’s spawn.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 report by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and 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;

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

3. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Observation, etc. of Protection [the scope of recommending punishment] [the grounds for sentencing under Article 62-2(1) of the same Act, and Article 59 of the Act on the Observation, etc. of Protection, etc. [the scope of recommending] There is no person who has no basic area (from June to January to April) [the person who has been subject to special sentencing] [the decision of sentencing] criminal records, such as the same type of crime, even though there are several criminal records and other criminal records

However, in consideration of the fact that damaged police officers seek the defendant's seat, the fact that the defendant is against the defendant, the age of the defendant, sexual conduct, environment, etc., the sentence is determined as ordered.

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