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(영문) 부산지방법원 2014.10.07 2014고단6370
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 July 8, 2014, at around 06:25, the Defendant reported the 112-report that he was assaulted by others in front of D on the road located in Busan Jung-gu, Busan, and then received the said report, and expressed to the police officer who was asked him questions to confirm the details of the report from the slope F, a police officer belonging to the Busan Jung-gu Police Station Estation, who was dispatched after receiving the said report, the Defendant used the above police officer’s face and the chest part of the said police officer three times on three occasions. When the Defendant arrested him as a flagrant offender in the crime of obstruction of the performance of official duties, the Defendant assaulted him two times to walk the police officer’s left knee of G on two occasions, who was called the police officer.

Accordingly, the defendant interfered with the above police officers' 112 reports and legitimate execution of their duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol of statement to F, G, and H

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is not good in light of its circumstances, and in particular, the crime of obstruction of performance of official duties is likely to be punished strictly due to the act of light of public authority and disturbing legal order, and thus, is disadvantageous to the defendant.

However, the defendant has no record of criminal punishment, the degree of damage suffered by police officers is not much serious, the defendant's reflective circumstances are considered favorable to the defendant, and the punishment shall be determined like the order, taking into account the age, character, conduct and environment of the defendant and other sentencing conditions specified in the records.

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