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(영문) 부산지방법원 2018.08.21 2018고단2941
공무집행방해
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2018. 6. 26. 23:45 경 부산 부산진구 B 앞 노상에서, 부산진 경찰서 C 지구대 소속 경위 D이 무단 횡단을 한 피고인을 제지하고 신분증을 제시해 달라고 요구하자 “ 한 번만 봐주지 뭘 단속을 하느냐

“,” and by hand, the upper part of the above D’s right shoulder was pushed down once.

As above, Defendant assaulted D, a police officer, thereby obstructing the police officer’s legitimate execution of duties concerning the control of unauthorized crossing.

Summary of Evidence

1. Statement by the defendant in court;

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

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. The degree of assault and assault against the sentence is relatively minor, the defendant is against the law, even though there are many kinds of penalties related to violence, there are no records of punishment for obstructing the performance of official duties and of criminal punishment exceeding the fine, other than the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and all the conditions of sentencing, such as the circumstances after the crime, shall be determined as the sentence.

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