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(영문) 부산지방법원 동부지원 2018.04.18 2018고단87
공무집행방해
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 23:00 on January 3, 2018, the Defendant: (a) stated that he was asked from the slope E belonging to the Busan Southern Police Station D of the Busan Southern Police Station, who was called for 112 after getting on a taxi under the influence of alcohol, and was asked to ask him at the domicile of the 112 report; (b) stated that he was “I will take the part of the above E on one occasion for drinking, I would like to ask him to inform his address and family contact information; (c) I would like to call the part of the above E on one occasion for drinking; and (d) continued to get off the taxi, and assaulted the above police officer on one occasion on the part of the above E on one occasion with the hand.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of the reported case by the police officer.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act concerning the crime, the selection of fines;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommendation] The reason for sentencing under Article 62-2 of the Social Service Order Act / [the scope of punishment ] There is no person who has no basic area (6 months to 1 year and 6 months) (the person subject to special sentencing] [the decision of sentencing] [the decision of sentencing] and all of the sentencing conditions, including the circumstances of the crime, the degree of damage, and circumstances after the crime, shall be determined as ordered

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