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(영문) 부산지방법원 2017.04.14 2017고합85
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On December 8, 2016, the Defendant, at D’s side road located in Busan High-gu, Busan High-gu, and on the ground that the husband E and her husband, who received a 112 report and sent out after receiving a 112 report, and the Defendant, who continued to assault and assault Ha on the part of the F District of the Busan High-gu Police Station G, and the patrolman, walked the part of H’s left side and walked on the part of the Defendant, and H may be punished for obstructing the performance of official duties.

As a warning, “Chewing flachi, Nice’s camping, and civil cane?” Doing to see G’s face as a hand, and Doing to see, “I am off, I am off, I am back,” even if I am off, I am.

After cutting off the clothes, H’s face, h’s hair was sleeped, and h’s hair was sleeped by hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and E;

1. Details of the report of the 112 case;

1. Investigation reports (a) investigations into the circumstances at the time of dispatch to the site;

(b) One copy of the investigation, etc. of witnesses and one copy of the photograph of the damaged parts;

1. Application of the Act and subordinate statutes to video CDs, if a criminal investigation report (a photograph of the criminal scene, a motion picture, and a motion picture CD attachment), three copies of a motion picture on the criminal scene, and if a crime is committed;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The sentencing criteria do not present the method of dealing with offenses which are formally concurrent in the scope of the recommended punishment according to the sentencing criteria.

However, since it is necessary to refer appropriately to the sentencing criteria, the following are examined as reference to the scope of the recommended punishment in the sentencing criteria for serious crimes in the commercial competition relationship.

[Scope of Recommendation] Interference with the performance of official duties.

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