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(영문) 부산지방법원 동부지원 2020.06.23 2020고단750
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 3, 2019, at around 01:07, the Defendant, in front of the Korea Shipping Police Station C District of Busan Metropolitan City on December 3, 2019, assaulted D on the ground that he was arrested as a flagrant offender of the crime of assault, and that “I am to move to the shipping police station of the said district, the Defendant, who was walking the said D, “I am spite, spite, spite, spite, spite, spite, spite, etc.” on a one-time basis, assaulted the D’s left left buckbuck.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. CCTV images;

1. Application of Acts and subordinate statutes to investigation reports (in addition to the obstruction of performance of official duties of suspects A);

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant’s crime of this case is not good that interferes with police officers’ performance of their official duties by taking a bath against police officers performing official duties and by using violence.

In addition, the defendant has been under criminal punishment several times, including imprisonment with prison labor for violent crimes, and is also under criminal records of different types of crimes.

However, the sentencing conditions in the records, such as the defendant's age, character and conduct, environment, motive or circumstance of crime, motive or circumstance of crime, means and method of crime, contents and result of crime, etc., shall be determined as ordered by considering the following factors.

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