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(영문) 부산지방법원 2016.12.05 2016고단6116
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On August 24, 2016, at around 00:50 on August 24, 2016, the Defendant assaulted the police box of the Busan Youngdo Police Station, which was in custody of the Defendant under the influence of alcohol to his guardian, at the Busan Youngdo Police Station B, on one occasion, with the face of D, and on one occasion, with the face of E, who was in custody of the Defendant under the influence of alcohol to the guardian.

As a result, the Defendant interfered with the legitimate execution of duties and maintenance of order of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. Application of the relevant Acts and subordinate statutes of each case

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] There is no basic area (6-1-1-4 months) of the obstruction of performance of official duties (6-1-1-4 months) [decision of sentence] The contents and quality of the crime of this case are poor. However, the decision of sentence of this case is poor; the defendant's perception of the crime of this case and reflects the mistake in depth; the first offender is the first offender; the defendant's age, character and conduct, environment, etc. are considered to be sentenced to a lower sentence than the lower sentence of the recommended sentence on the

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