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(영문) 부산지방법원 2016.09.29 2016고단2804
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 28, 2016, around 21:19, the Defendant was unable to pay the drinking value to the proprietor prior to the main point of “D” located in the Busan Seo-gu, Busan, the Defendant obstructed the police officer’s performance of duties regarding the handling of the reported case by assaulting the victim F (W, 28 years old) who is a public official of the police station E-station of the Busan, which was called upon receiving a report, and solicited him to return home, the police officer did not take his own part, and the said police officer did not take part in his own part, and she took part in his hand once, and threatening him as drinking, and obstructed the police officer’s performance of duties regarding the handling of the reported case.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. There is no person in charge of a crime (a person in charge of special sentencing) in the basic area (from June to January 4) under Article 1 of the relevant law of criminal facts, Article 136(1) of the Criminal Act of the choice of punishment, the grounds for sentencing of imprisonment [the scope of recommended punishment] [the grounds for obstructing the performance of official duties] [a person in charge of special sentencing] [a person in charge of a sentence] under the State’s decision] the need to strictize interference with the performance of official duties in order to protect a legitimate performance of official duties and to establish a sound social order. In particular, the above crime committed against a female police official is more poor than the nature of the crime; the fact that the crime is true; the fact that there is a history of criminal punishment against a female police official several times including various crimes is likely to repeat the crime; the defendant’s age, sexual behavior, intelligence and environment, motive, means and consequence of the crime, and the circumstances of the crime after the crime, etc. shall be determined by taking into account various circumstances, including the following circumstances.

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