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(영문) 부산지방법원 2018.11.13 2018고단3755
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

On July 6, 2018, at around 01:40, the Defendant was subject to restraint from the victim E (29) who is the police officer belonging to the Busan Police Station D police box called the Defendant, who was under the influence of alcohol, in front of the Busan District C building, and was in fighting with the Defendant’s will, at around 01:40, the Defendant got off the victim’s face at the time of having the victim’s face on one occasion with the hand.

Accordingly, the defendant interfered with police officers' performance of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

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

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. Circumstances unfavorable to a decision of sentence: The criminal liability is against the very favorable circumstances in which the police officer in performing official duties takes the face into consideration, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and circumstances after the crime;

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