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(영문) 부산지방법원 2016.09.29 2016고단4001
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 6, 2016, around 02:10, the Defendant was recommended to pay the taxi fee and return home from C who is a public official belonging to the police officer belonging to the Busan Geum-gu Police Station B, which was called out after receiving a report from 112 before the 1st public security center, which was disputed with the problem of taxi articles and taxi expenses in front of the 126-dong-dong, Geum-gu, Busan.

The Defendant: (a) took a defective bath to operate the patrol vehicle; (b) obstructed the patrol vehicle; (c) obstructed the police officer’s possession on the patrol vehicle; and (d) obstructed the police officer’s performance of his duties relating to the public safety and order of the police officer by assaulting the police officer, by taking the arms of the said police officer on both arms, and by putting the said police officer on hand with his hand; and (c) obstructed the police officer’s performance of duties relating to the maintenance of public safety and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the respective Acts and subordinate statutes of D and E;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] There is no basic area (from June to one year and four months) [Special Sentencing] [Determination of sentence] The crime of obstructing the performance of official duties by the State in order to protect the legitimate performance of official duties of the State and to establish a sound social order, the defendant shows a strong need to be involved in obstructing the performance of official duties, and the defendant shows an attitude against his/her wrong recognition of his/her mistake, the defendant does not have a criminal record, and other various circumstances, including the defendant's age, sexual behavior, intelligence and environment, motive, means and consequence of the crime, circumstances after the crime, etc., which are conditions for sentencing, such as the records, shall be determined as the order.

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