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(영문) 부산지방법원 2016.04.28 2016고단618
공무집행방해
Text

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

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

3.

Reasons

Punishment of the crime

On January 31, 2016, around 04:0, at the entrance of the cel located in Busan Young-gu B, the Defendant told D, who is the operator of the curdo, to take a bath at a large sound, and reported on the following 112: (a) the Defendant was able to take a bath at the entrance of the curb in Busan Young-gu B.

After that, the Defendant responded to the question from G of the F District of the Busan Youngdo Police Station G of the Busan Youngdo Police Station and from G of the Assistant H about the reason why the Defendant would punish the above telecom operator and the franc, and the answer that the above telecom operator could not have any frequent room was demanded from the above police officer to accompany the above police officer to the earth for the purpose of dealing with the reported violence case.

Accordingly, the defendant is not necessary for the above police officers.

D. The police blicked off the upper blicker, which was blicked by this blick, and turned down on the floor, followed by a blick H’s breast with the hand floor.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Application of Acts and subordinate statutes to investigation reports (on-site situations, etc.);

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;

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

3. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order [the scope of recommending punishment] [the grounds for sentencing under Article 62-2(1) of the same Act, and Article 59 of the Act on the Prevention, etc. of Protection, etc. of Social Service Officials [the scope of recommended punishment] There is no person who has no basic area (from June to January 1 and April) [the person who is subject to special sentencing] [the decision of sentencing] a police officer in the course

However, there is no criminal punishment since 1995, and it is advantageous to the fact that the defendant is against the defendant.

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