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(영문) 부산지방법원 2017.11.21 2017고단5219
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 15, 2017, at around 16:42, the Defendant reported that he was used before the stairs of the first floor of the building B in Busan Jung-gu, Busan, and that the chief of the police box C of the Jung-gu Police Station C of Busan, which was called out, sent the Defendant to D, who was shaking the Defendant who was divingd at the above place, "the head of the 119 emergency vehicle."

After diving, the Defendant continued to sleep, even though the 119 first-aid crew member arrived at the site, and committed assault, such as flashing the shacker D, such as flapsing the arms, as the said D shacks, when she took a bath, such as “ging off this hinging, cut off, and cut off,” and flapsing it into the arms.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention of police officers' crimes and the protection of people's lives and bodies.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

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

1. As a result of obstructing the execution of official duties in sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances) of the Act on the Suspension of Execution, the punishment as ordered is to be imposed by comprehensively taking account of the following factors: (a) although criminal punishment is imposed or criminal punishment is imposed on several occasions for a crime using violence; (b) the police officers performing legitimate duties are not less than the liability for a crime by using violence; (c) the police officers are recognized as erroneous and reflect; (d) there is no record of criminal punishment exceeding the fine; (e) the Defendant’s age, sexual behavior, environment, background leading to a crime; and (e) circumstances after

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