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(영문) 부산지방법원 2014.06.25 2014고단3198
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 30, 2014, around 23:40 on March 30, 2014, the Defendant was prevented from committing assaulting the Defendant F from a police officer, who was a police officer of the Yeongdeungpo-do Police Station D police box called out after receiving 112 report on assaulting in the front of C in the Youngdo-gu, Busan.

피고인은 위 E에게 “뭐야, 이 씨발놈! 때려버릴까.”라고 말을 하며 위 E의 가슴 부위를 주먹으로 수회 때리고, 팔꿈치로 위 E의 어깨 부위를 수회 때렸다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression of police officers' crimes and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement to G and E;

1. Application of Acts and subordinate statutes to the investigation report (on-site report);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria [Scope of Recommendation] The basic area (six months to one year and four months) of the obstruction of performance of official duties shall be the category 1 (the obstruction of performance of official duties and the coercion of official duties).

2. The imposition of sentence is not much serious to the degree of obstructing the execution of official duties, the confession of the accused and the absence of the same criminal record, etc.

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