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(영문) 부산지방법원 2019.01.16 2018고단5094
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 21:10 on October 31, 2018, the Defendant found D’s guardian who was arrested and investigated as a flagrant offender at C District B located in Busan District District B, and committed assault, such as threatening’s face and body tightly, upon receiving a request from F to get out of the said District, the Defendant her face and body was sealed.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (Evidence Nos. 2, 3 and 5 of the Evidence List);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered as the reasons for sentencing):

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] The basic area (6-1-4 months and April) of obstruction of performance of official duties (determination of sentence] / The sentence of imprisonment is chosen in light of the following: (a) the defendant has several violent offenses, and the crime of obstructing the execution of official duties is not committed by assaulting police officers who wear a uniform without good cause under the influence of alcohol; (b) the defendant reflects his mistake and has no same criminal record; and (c) the execution of the sentence of this case is suspended only once by taking into account all the various circumstances, including the defendant’s age, character and conduct, and environment, which are conditions for the sentencing of this case, including the defendant’s age, character and environment.

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