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(영문) 부산지방법원 2016.12.21 2016고단6870
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:30 on October 27, 2016, the Defendant, at the head of the Dong-dong Public Health Center, who was in a state of drinking in front of the Dong-dong Public Health Center, 112 reported and called out after receiving 112 from the head of the police officer D, etc. belonging to the Busan Dong-dong Police Station C zone of the Busan Dong Police Station, committed assault, such as booming the face of Dong-dong D.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes of the investigative report (No. 3 lists of evidence);

1. Article 136 (1) of the Criminal Act concerning the facts constituting the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] and the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties) (the scope of the recommended sentence];

2. The sentence of imprisonment in this case shall be imposed in the same way as the order in consideration of the circumstances, such as the fact that the nature of the crime in this case is not good, but there is no previous conviction exceeding the fine, the fact that the crime is recognized and the mistake is divided in depth; and

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