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(영문) 부산지방법원 서부지원 2017.12.18 2017고단1548
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

around 22:10 on October 29, 2017, the Defendant, upon receiving a report from the Defendant that the Defendant would not pay the taxi fee on the roads in front of Seo-gu Busan, Seo-gu, Busan, the Defendant assaulted the police officer, who was urged to pay the taxi fee and return home from E by the police officer E belonging to the police officer of the Busan Western Police Station D District Police Station D in Busan, Seo-gu, the Defendant called “the police officer’s flach flab.” on two occasions, and performed his duties concerning the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Investigation report (to hear statements from a witness G phone);

1. A detailed statement of the processing of reported cases;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history of a suspect) statute;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, the reasons for sentencing of sentence of imprisonment with prison labor, and the reasons therefor;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the scope of the punishment [the scope of the recommended punishment] that interferes with the performance of official duties, and the factors to be mitigated [the person who interferes with the performance of official duties and coercion of duties]: Where the degree of violence, intimidation, deceptive scheme, or interference with the performance of official duties is insignificant (the scope of the recommended punishment, the scope of the recommended punishment), the mitigated area, one month to eight months.

3. The Defendant, even before committing the instant crime, had a record of criminal punishment by committing several violent crimes, and, in particular, committed the instant crime even though he/she was under the suspension of the execution of imprisonment with prison labor due to interference with the performance of like official duties, again committed the instant crime.

In light of the record of the crime or the behavior of the defendant before and after the crime of this case, the crime of this case is not less complicated.

However, the degree of violence inflicted by the defendant or the degree of interference with public duties is heavy.

The fact that it is difficult to see shall be considered in light of the circumstances favorable to the defendant, and all other reasons for sentencing specified in the arguments and records of this case.

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