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(영문) 부산지방법원 2016.10.27 2016고단4362
공무집행방해
Text

Defendants shall be punished by imprisonment for eight months.

However, each of the above penalties shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 3, 2016, Defendant A committed assault, such as assaulting the shoulder of the said police officer on the ground that he/she would continue to confirm the contents of the report, when the F, a police officer belonging to the Busan Jin Police Station E-gu, Busan, who was dispatched after receiving a report of 112 on August 3, 2016, around 01:0, around 103 1402, and the F, a police officer belonging to the Busan Jin Police Station E-gu, Busan, who was called to “I-do Ga Ga Ga Ga Ga Ga Ga Ga.” but he/she was able to do so on the ground that he/she would continue to confirm the said police officer’s shoulder at one time and four times with his/her left hand.

2. Defendant B, who is a police officer belonging to the same district group at the above time and place, arrested A for the above crime, obstructed the above police officer’s body by interfering with the above crime, and committed violence, such as saving the body of the above police officer, selling the bucks to the right bucks, etc. Even after the police officer was arrested as a flagrant offender, Defendant B committed violence, such as walking the above police officer’s bucks that are sitting back from the back seat of the patrol vehicle, and obstructed the police officer’s performance of duties concerning the prevention, suppression, and investigation of the crime.

Summary of Evidence

1. Defendants’ legal statement (the second trial date)

1. The statement made by the police of F and G;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment (for the accused) concerning the facts constituting an offense, and the choice of imprisonment;

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

1. The reason for sentencing of Article 62-2 of the Social Service Order (the sentencing range of the accused) of the Criminal Act [the scope of recommendation] The basic area (6 to one year and four months) of the obstruction of performance of official duties (the execution of official duties) [the decision of the sentence] [the defendants are contrary to the judgment of the sentence]. Defendant A has no record of criminal punishment except once a fine is imposed, and Defendant B has no record of criminal punishment, and Defendant B has no record of criminal punishment. However, Defendant B has protected legitimate performance of official duties and sound social order.

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