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(영문) 부산지방법원 2017.01.12 2016고단6970
공무집행방해
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On October 9, 2016, at around 01:19, the Defendant, on the 41st floor of the 41st floor of the Busan So-gu apartment complex B, Busan, the Defendant, spiting the door of the heading room, which is not the Defendant’s residence, caused the disturbance by spitation of 112, so that he would be exposed to the police officer D belonging to the Busan So-gu Police Station C, the Busan National Police Agency, and the police officer, who called the Defendant to check the Defendant’s residence, expressed the intent of “police fats, fats, fats, and fats our house,” and fats the chest of the said D two times as drinking, and fats the face into the bottom of the fat, so that the fats of D would fall off on the floor, and the above fats of the Defendant as fater E’s chest.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. Application of Acts and subordinate statutes to a report on investigation (such as dispatch to the scene);

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Article 62 (1) of the Criminal Act on the suspension of execution.

5. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc. [Scope of Recommendation] There is no person [the person who is subject to special sentencing] in the basic domain (six months to one year and four months) [the person who is subject to special sentencing] [the decision of sentence] in light of the nature and contents of the instant crime that obstructs the legitimate exercise of the State’s public power, the defendant’s liability is not less minor but is not less punished as imprisonment without prison labor or heavier, and the defendant’s age, sexual behavior, environment, etc. is considered as the order of sentence.

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