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(영문) 부산지방법원 2016.08.17 2016고단3101
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

On May 7, 2016, around 00:25, the Defendant arrested a flagrant offender by assaulting B on the roads of 109 Do apartment 155, a Do-ro 86-9, Do-dong, Busan, North-gu, 155-9, and moved to the D zone located in Busan Northern-gu, with a wall between the front seat of the patrol vehicle and the rear seat installed in the patrol vehicle, and used the head of the slope E located in the Busan Northern Police Station D Zone located in the Busan Northern Police Station, on two occasions at hand, and used the police officer to walk the said slope Do-dong 86-9, and assaulted the Do-dong Do-dong 3 times.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of each investigation report (No. 5,7) statute

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and four months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. The sentence of this case shall be imposed in the same way as the order, in consideration of the circumstances, although the nature of the crime in this case is not good, there is no criminal record subject to punishment for the crime, and the fact that the crime is recognized and the mistake is divided in depth;

Rejection of Public Prosecution

1. On May 7, 2016, around 00:05, the Defendant: (a) committed an assault by the Defendant against the victim B (23) who was under the influence of alcohol in front of the Do apartment 109, a Do-ro 86-9, a Do-ro 155-9, in a state of drinking on the road in front of the 109-dong-ro, Do-dong 109; (b) stated that the Defendant attempted the victim B (23) while taking a bath for the victim; (c) took the victim’s shoulder while taking the victim’s face; and (d) took the victim’s face in a state of drinking.

2. The above facts charged are subject to Article 260(1) of the Criminal Act.

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