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(영문) 부산지방법원 2017.01.24 2016고단7616
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

1. 경사 B에 대한 공무집행 방해 피고인은 2016. 10. 24. 23:25 경 부산 연제구 C에 있는 ‘D’ 식당 앞에서 112 신고를 받고 출동한 부산 연제 경찰서 E 지구대 소속 경찰 공무원인 B이 원하는 대로 사건을 처리해 주지 않는다는 이유로 위 경찰공무원에게 “ 야, 이 씹할 놈 아, 내가 뭘 잘못했는데. ”라고 욕을 하면서 손으로 가슴 부위를 3~4 회 때리고 손톱으로 손등을 1회 긁어, 위 경찰공무원의 범죄의 예방 ㆍ 진압 및 수사에 관한 직무집행을 방해하였다.

2. On October 24, 2016, the Defendant interfered with the performance of official duties against slopeF, who was arrested as a flagrant offender at the Busan Coast Guard E District District of the Busan Coastal Police Station, located in the Busan Coastal Zone G around Busan on October 23:35, 2016, and the Defendant, who is a public official belonging to the police belonging to the above District, voluntarily proposed the Defendant to leave the earth, and subsequently, expressed his desire to “Chewing impe, N. L., I., I., I.) at one time, and obstructed the performance of duties concerning the prevention, suppression, and investigation of the above police officer’s crime.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B or F;

1. Application of each statute on photographs;

1. Article 136 (1) of the Criminal Act and the choice of punishment for the crime, Articles 136 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] There is no basic area (from June to one year and four months) (the person subject to special sentencing) [Pronouncement Decision] in order to protect the legitimate performance of official duties of the State and to establish a sound social order in order to protect the proper performance of official duties of the State, it is necessary to be strict to interfere with the performance of official duties. In particular, the Defendant committed an additional crime against the earth without being arrested as a flagrant offender even after the arrest of the flagrant offender due to the crime interfering with the performance of official duties. Although the Defendant committed a crime, the Defendant committed a crime.

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