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(영문) 부산지방법원 서부지원 2018.03.15 2017고단1444
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

Punishment of the crime

On October 5, 2017, around 00:54, the Defendant: (a) committed three-time violence against the G’s platform and its growth level, following a traffic accident report, at the street in front of the D store located in Busan, the Defendant: (b) as he was asked to take a drinking test from the Ethical F, G, or police officer at the police station Ethical police station of the thought and thought who was dispatched to the scene due to a traffic accident report; and (c) the G and F g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on traffic accident reporting and handling affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to G and I

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;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of punishment recommended according to sentencing guidelines] is more so in light of the following factors: (a) the basic area (from June to one year and six months) (the determination of sentence] of the basic area (the act of obstructing the performance of official duties and compelling the performance of duties) should be punished strictly; and (b) the defendant has a criminal record of the same kind of fine.

However, in light of the fact that the victimized police officer sought a letter to the injured police officer in a serious mind, the fact that the injured police officer has no criminal record or more than a fine, the circumstances favorable to the defendant's age, sexual conduct, environment, motive and means of the crime, and the result of the crime, the execution of the sentence shall be suspended only once by taking into account the various sentencing conditions stated in the arguments of this case, such as the circumstances after the crime, etc., and the sentence is ordered as per Disposition.

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