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(영문) 부산지방법원 2017.05.12 2016고단7352
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On October 31, 2016, around 15:10 on October 31, 2016, the Defendant was under the direction of stopping from the Victim F (31) who was a policeman E (31) who was a policeman in Busan, on the ground that the Defendant violated traffic laws and regulations while driving a road near the D gas station located in Busan, Seo-gu C.

Accordingly, the Defendant set off the vehicle, and Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da chi Do k w k k b k b sp violated the unsp. Do Do w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w

As a result, the Defendant interfered with legitimate execution of duties, such as traffic control by the above victim, and at the same time, the Defendant placed an open room for salt, tension, and wooden part to the victim (around 10 days of need for medical treatment).

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to F and G;

1. A statement prepared by H;

1. Application of Acts and subordinate statutes to a criminal investigation report (time 2,7), each photograph, and a diagnosis report;

1. Article 136(1) of the Criminal Act Article 257(1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing guidelines for the crime of injury, which is a serious crime under Article 40 of the Criminal Act, shall apply to the observation of protection and observation and the sentencing of Article 62-2 of the Social Service Order Act, on the grounds of the reasons for the sentencing of Article 62-2 of the same Act. [The scope of the recommended punishment] When the special mitigation area (1 to 1 year), the minor injury area (1 month to 1 year), the punishment non-members (including efforts to recover damage), or considerable damage, is recovered, the sentencing range and the recommended sentencing range: The sentencing range shall be considered within the sentencing range of January to 1 [the sentence] and the above sentencing range according to the sentencing guidelines; the fact that there was a history of obstructing the performance of official duties; the fact that there was a history of violence even in 2016, and the second or last one, confessioning the crime and 200,000 won.

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