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(영문) 부산지방법원 2016.10.21 2016고단4748
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On July 24, 2016, at around 03:10, the Defendant was trying to attach the door door to the front of the Defendant’s house located in the Youngdo-gu, Busan, the Defendant 112 reported domestic violence and obstructed the police officer’s legitimate performance of duties concerning the investigation and suppression of the crime by assaulting the Defendant’s front side of the above D, i.e., assaulting the Defendant’s front side of the left side by “Woo knk knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb kn.”

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused;

1. Statement of D;

1. Application of Acts and subordinate statutes to a report on investigation (at the same time, etc., and frequency of mobilization);

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

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

1. Reasons for the sentencing of Article 62-2 of the Probation Criminal Act [Scope of Recommendation] There is no basic area (6 to 1 year and 4 months) of obstruction of performance of official duties (decision of sentence] [decision of suspension of official duties] [decision of suspension of official duties] The execution of imprisonment shall be suspended, and probation shall be imposed in order to prevent recurrence of crimes, taking into account the fact that there is no past record of punishment for obstruction of official duties, reflectness, etc.

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