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부산지방법원 2016.05.25 2015고단6922
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

The Defendant, at around 05:30 on June 19, 2015, under the influence of alcohol in the “D” located in the Busan Eastdong-gu, Busan, and was dispatched to a slope G belonging to the F District of the same police station, after receiving a report of 112 while being under the influence of alcohol due to E and alcohol value.

G. L. L. L. punishment for an indecent crime against a femaleless, L. M. M. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L.W. L. L. L. L.W.

Although G tried to see the face of G by "Guno", "Guno", and "Guno", and "Guno" were assaulted by G, such as blocking his/her hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of examination of the witness to the G of this Court and E;

1. Application of Acts and subordinate statutes of each police statement protocol to G and E;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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 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 four months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. The sentence is to be imposed in the same manner as the disposition, in consideration of the circumstances, such as the fact that there exists no previous conviction exceeding the fine imposed; and