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(영문) 부산지방법원 서부지원 2017.12.18 2017고단1237
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

Criminal facts

On August 9, 2017, at around 03:03, the Defendant received 112 reports on the Defendant’s suspicion of drinking alcohol alcohol in front of the factory located in Busan Seo-gu, Busan, and sought to confirm whether the Defendant had drinking alcohol by causing the Defendant, who was called up to the Hatoba, and used on the side of the Ortoba, by one other, from the Hatoba-gu D District, and called up to the Hatoba-gu, the Defendant: (a) her own shot of E, and then she died of her shote-gu.

Scars are dead.

“......” The head expressed her two times the chest of E as her head, and the chest was elbow in the left elbow.

Accordingly, the defendant assaulted the police officer who performs the duty of 112 reporting and regulating drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances required for the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Community Service Orders;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. The scope of recommended punishment on the sentencing guidelines [the types of decisions] the basic area of punishment [the scope of recommended punishment, the scope of recommended punishment], six months from imprisonment to one year and six months, shall interfere with the performance of official duties.

3. The Defendant, who was sentenced to criminal punishment, committed the instant crime again even though he/she had a record of criminal punishment several times by committing violent crimes.

However, the degree of violence committed by the defendant against the police officer or the degree of interference with official duties is heavy.

In light of the fact that it is difficult to see, and the fact that the defendant seems to have committed a mistake late, etc., consideration shall be given in favor of the defendant, and the reasons for all sentencing indicated in the arguments and records of the case shall be comprehensively considered, and the punishment as ordered shall be

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