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(영문) 부산지방법원 2016.02.04 2015고단7605
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

On September 29, 2015, at around 21:56, the Defendant assaulted the wife of the Defendant at the frequency located in the Busan Eastdong-gu, Busan, and was arrested as a domestic violence and transferred to the C District to the C District for domestic violence, and thereafter appealed to the hospital by 119, who complained of the Defendant’s chest and was escorted to the hospital, and returned to the C District.

Defendant around 00:40 on September 30, 2015, at the above C District District, “Isty gue, no matter how to do so.”

“Along with verbal abuse, this case’s summary was explained, and the Defendant’s act was prevented, and thus, the assault was obstructed by the Defendant’s lawful execution of duties in relation to the work in the said Category D, by committing assaulting the circumstances D belonging to the said Category D.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties and the choice of imprisonment);

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

1. In view of the fact that there are many of the violent crimes with reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and the history of punishment for obstructing the performance of official duties, the crime of this case is not good.

However, considering the facts that confessions, interference with the execution of official duties is the history of fine, and the fact that there is no less punishment for violent crimes after 2003, the punishment shall be determined like the order, taking into account the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the written application of the wife, etc.

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