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(영문) 부산지방법원 2016.01.21 2015고단7953
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

At around 22:55 on November 21, 2015, the Defendant was forced to ask the Defendant for the background of the case, while under the influence of alcohol, on the ground that the Defendant was on the street in front of the “D” market located in the Geum-gu, Busan, on the ground that she was frightd by her, and that she was on the street, and that she was frighted by the Defendant, upon receiving a report of 112 that she was frighted by her, on the ground that she was frightd by her, and that she was under the influence of alcohol.

In doing so, he saw as “a Chewing flavoring fla,” and assaulted the said F F’s chest and flavoring by hand, and tried to see the said F’s chest and flavoring by drinking. Then, he saw that G in the circumstances belonging to the Gold Police Station E District would restrain this, and he sawd “I am flag, I am I am.” and am blaved with the said G, etc.

As a result, the Defendant violated the police officer’s legitimate performance of duties concerning 112 reporting management duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, F, and G;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act concerning facts constituting an offense, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following sentencing shall be considered in favor of the accused during the period of suspension of execution):

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Scope of Recommendation] The sentence identical to the disposition shall be imposed in consideration of all the circumstances, including the following: (a) the basic area (six months to one year and four months) (special mitigation) [i] the degree of assault, intimidation, and deceptive scheme is minor; (b) the number of damaged public officials is minor; (c) the defendant is punished for violent crimes; (d) although there are many kinds of records of criminal punishment, there are no records of punishment for the same kind of crime; (d) the degree of interference with the performance of public duties is relatively minor; (e) the social relation is clear; and (e) the depth of his/her mistake is divided.

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