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(영문) 부산지방법원 2015.10.15 2015고단4594
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

However, 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

At around 17:10 on June 20, 2015, the Defendant: (a) committed assault, such as assaulting the face of the police officer on one occasion at the top of the Btel in Busan, the front of the Cofficetel; (b) obstructed the police officer’s handling of the 112 reported case and his legitimate execution of duties concerning the rescue of the State, on the ground that the police officer called “I am going to play in the middle of the front day by asking whether or not there is an open place” and “I am to come to play in the middle of the front day.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts (the occupation of obstruction of performance of official duties and the choice of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] Compared with the sentencing range of the sentence that has no basic area (6-1-4 months) (6-1-1 year and 4 months) and the recommended punishment: 6-1 year and 1-4 months (decision of sentence] of the same kind of force, but repeats the same crime.

However, the Supreme Court's sentencing conditions stipulated in Article 51 of the Criminal Act, such as the time of the crime, the fact that the injured police officer is committing the crime, the fact that the injured police officer is taking the seat of the defendant, the background of the crime, the age of the defendant, etc., and the sentencing guidelines determined by the Supreme Court's Sentencing Committee, shall be determined as the same as the order.

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