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(영문) 부산지방법원 서부지원 2017.08.17 2017고단688
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 06:20 on May 1, 2017, the Defendant: (a) sent a cab on the front of the entrance and exit of the City of Busan, the Defendant: (b) sent a cab for the reason that the police officer assigned the police box of the thought and thought police station, in receipt of a 112 report by the 112 taxi officer, carried the son and the son who used the son who used the son in the cab to read “Wel this rings, she is a police officer.” (c) sent the son and the son who used the son’s clothes of the above police officer to take the son’s face; (d) obstructed the Defendant’s legitimate performance of official duties, such as interfering with the police officer’s assault and assaulting the police officer on his son’s clothes; and (e) interfere with the police officer’s legitimate performance of duties, such as: (e) interfere with the police officer’s performance of duties.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of punishment recommended according to sentencing guidelines] The act of obstructing the legitimate performance of official duties should be punished strictly.

However, in light of the fact that the defendant seems to have an attitude against the defendant, the circumstances favorable to the defendant's past conviction are considered, and the defendant's age, sexual conduct, environment, motive and means of crime, results, etc., the execution of punishment shall be suspended only once in consideration of various sentencing conditions as shown in the arguments in this case, such as the circumstances after the crime.

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