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(영문) 부산지방법원 2015.12.10 2015고단6808
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

except that 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 20:40 on September 7, 2015, the Defendant: (a) 20:40, at “D 2nd floor of the Dong-gu Busan Metropolitan City,” the Defendant took a bath to E, a business owner of the building, without any justifiable reason, while drinking; (b) on the ground that (c) the head of the F District Police Station of the Busan Dong-dong Police Station, who was dispatched to the site upon receiving a report of 112 due to criminal facts, the Defendant avoided the Defendant from leaving the site and attempted to flee; (d) on the ground that the Defendant’s escape from the site, the Defendant: (a) carried the Defendant’s f District Gaba, who was sent to the site; (b) carried the victim’s felba, she was bread off; and (c) carried the victim’s flaba, flabed the chest, and flabed the chest; (c) reported the victim’s left hand flab, and obstructed the Defendant’s legitimate performance of duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol of statement to E, H and G;

1. Articles 136 (1) and 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 40 and Article 50 of the Criminal Act, the choice of punishment, and the choice of imprisonment;

1. The reason for the sentencing of Article 62(1) of the Criminal Act (hereinafter, the reason for the suspended sentence) is [the scope of recommendation] general injury area of category 1 (general injury) (6-2 years) [a person under special circumstance] obstruction of performance of official duties [a person under special circumstance] [a decision of a sentence] under Article 62(1) of the Criminal Act, which causes injury to a police officer who wear a uniform under the influence of alcohol even though the defendant had a majority of the records of criminal punishment, by using violence, and thereby causes injury.

However, the degree of injury of the victim is relatively minor because the crime in this case was committed contingent, and it is clear that the damaged police officer deposited KRW 300,000 as consolation money, the social relation is obvious, and his mistake is divided in depth and reflected.

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