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(영문) 부산지방법원 2016.11.10 2016고단5943
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On September 4, 2016, the Defendant reported to a taxi engineer at around 00:05, and visited the C police box located in B of the thought-gu Busan, by failing to pay the taxi fee. The Defendant, who was working at the time, expressed his desire to listen to the horses that “the payment of and return to the taxi fare” from D, a police officer belonging to the above police box, who was working at the time, was able to listen to the horses, and committed assault by the above police officer, such as breaking down the shoulder shoulder dog, and shicking the lower part of the said police officer once by hand, thereby interfering with the performance of duties concerning the prevention, suppression, and investigation of the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to D and E;

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 of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] No person who has no basic area (6-1-1-4 months) of the obstruction of performance of official duties (6-1-1-2), [decision of sentence] Defendants reflects the wrongness of the Defendants, and there is no record of criminal punishment other than fines twice. However, in order to protect the legitimate performance of official duties of the State and to establish a sound social order, the crime of obstruction of official duties needs to be mitigated. In particular, since the crime of this case was committed within the police box, it is not easy to view the case.

In light of the aforementioned circumstances, the Defendants’ age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances that form the conditions for the sentencing as

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