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(영문) 부산지방법원 2016.10.21 2016고단4161
특수공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 3, 2016, at around 21:35, the Defendant assaulted C in a de facto marital relationship under the influence of alcohol at his own house located in Busan Seo-gu, Busan, and received a report thereon, and committed assault and intimidation, such as assault and intimidation, stating that E, a police officer belonging to the D District District District of Busan, Police Station, which was called the Defendant, C, etc., and that E, a dangerous object (28 cm in total length, 15 cm in length in blades), which was located there on the ground that the circumstances of the instant case was verified by the Defendant, C, etc.

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties of the police officers in relation to the 112 reporting, withdrawal and criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C, E, and G;

1. Application of Acts and subordinate statutes to a report on investigation (No. 12 of the evidence list);

1. Relevant Articles 144(1) and 136(1) of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 62 (1) of the Criminal Act ( considered as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Application of the sentencing criteria [Determination of Types of Crimes] where there are many public officials who have suffered damage from Category 1 (Obstruction of Performance of Official Duties/Compulsory Performance of Duties) (Specially under Guard) (Category 1) (Scope of Recommendation), the aggravated area of punishment, one year to four years of imprisonment.

3. The fact that there is no agreement with the victims that the crime is extremely poor due to the use of a deadly weapon and intimidation by a police officer in the process of performing his/her duties, which is disadvantageously unfavorable to the decision of the sentence, and that there is no past record of the same crime in a contingency under the influence of alcohol, and criminal punishment exceeding a fine since October 2010, except for the suspension of indictment due to an injury in 2012.

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