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(영문) 부산지방법원 서부지원 2017.11.27 2017고단1242
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

On August 14, 2017, at around 17:43, the Defendant, under the influence of alcohol, stolen the said taxi without recognizing that the Defendant parked a taxi for business use in his/her residence, in light of C, in which he/she is located in Busan Island B.

The police officer of the police box was called up to the police officer of the police box, after receiving 112 reports, and the police officer of the police box was called up to the police officer to find out the surrounding areas of the police officer, but the police officer did not find a stolen taxi.

E, around 18:35 on the same day, 147 Dop-ro 147 Dop-ro, Busan, Seo-gu, Busan, and tried to get off the patrol car from the patrol car to the defendant.

The Defendant: (a) demanded E to leave the residence of the Defendant in the patrol lane; and (b) the E refuses it; (c) caused E to get off the car by hand; and (d) caused E to be pushed off three times due to his fingers.

Accordingly, the defendant assaulted the police officer who performs the duty of handling 112 reports.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes concerning photographs of the victim's side pictures, studio images of vehicles, etc.;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances required for the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the scope of the punishment [the scope of the recommended punishment] that interferes with the performance of official duties, and the factors to be mitigated [the person who interferes with the performance of official duties and coercion of duties]: Where the degree of violence, intimidation, deceptive scheme, or interference with the performance of official duties is insignificant (the scope of the recommended punishment, the scope of the recommended punishment), the mitigated area, one month to eight months.

3. The defendant's age shall be taken into consideration in favor of the intensity of the assault exercised by the defendant and the degree of interference with official duties, as well as in other circumstances.

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