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(영문) 부산지방법원 2016.10.20 2016고단4735
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 25, 2016, the Defendant paid the drinking value from F, a police official belonging to the Busan Police Station E zone E zone of the Busan Police Station, who was called up after receiving a report on the drinking value due to the problem of the drinking value at the D Ssing room located in Busan, Busan, and obstructed the Defendant’s duty of preventing, suppressing, and investigating the police official’s chest.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning G;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Where the extent of the mitigation area (one to eight months) of the obstruction of performance of official duties (special mitigation) is minor, the punishment of the obstruction of official duties of the State requires strict punishment in order to protect the legitimate performance of official duties of the State and to establish a sound social order. The punishment of the obstruction of official duties is determined as ordered by taking into account the following various circumstances: the defendant’s age, character and behavior, intelligence and environment, motive, means and consequence of the crime, circumstances after the crime, etc.

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