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(영문) 부산지방법원 2015.06.09 2015고단1542
공무집행방해등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 11, 2015, around 20:58, the Defendant sent a Kakao Stockholm message and gift to the effect that he would be better to the victim E (n, 34 years old) working in the above C, with the Defendant’s seat, at around December 2014, the Defendant sent the Defendant’s Kakao Stockholm message and gift, but the Defendant refused to do so, but was present at the time of the Defendant’s refusal, and was sent to the Kakao Stockholm, and was sent to the future, and the phone was cut off, and the Defendant sent the Kakao Stockholm, which was called “the 2nd Ga, if you were to be called as the Defendant,” and then threatened the victim.

2. At the same place on the same day at around 21:25, the Defendant: (a) obstructed the patrol vehicle in front of the patrol vehicle to safely return the above E and D, a reporter, at the Busan F District Police Station of the Busan F District Police Station, who was called out after receiving a 112 report; (b) obstructed the patrol vehicle in front of the patrol vehicle to safely return to the said E and D; and (c) met with the body of the patrol vehicle, such as the Bows of the patrol vehicle.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 136 (1) and Article 283 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The crime of this case is not likely to be committed, despite the fact that the defendant had the same criminal record of a fine for the reason of sentencing under Article 62 (1) of the Criminal Act (i.e., confession of the defendant and the fact that there is no record of the crime exceeding the fine)

However, the sentencing conditions, such as the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, the circumstances after the crime, and the sentencing guidelines for each crime of this case.

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