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(영문) 부산지방법원 2018.05.31 2018고단596
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On January 26, 2018, around 04:38, the Defendant has a woman who fright to drink and fright to drink in the second floor of the week C located in Busan Jin-gu, Busan.

“Is the 112 Report,” and “Is the police officer belonging to the D Zone, who was called out, returned home to the Republic of Korea.”

"라고 말하자 " 십 할 년 아 내가 뭘 잘못했는데. "라고 욕설을 하고 양손으로 어깨를 2 회 밀쳐 공무집행 방해로 체포될 수 있다는 경고를 한 것에 화가 나 어깨를 3회 밀치고 주먹으로 어깨를 2회 때리는 폭행을 가하였다.

Accordingly, the suspect interfered with the police officer's performance of the duty of handling 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1248, Apr. 1, 201

1. Where the degree of violence, intimidation, deceptive scheme, or interference with public duties is minor in the mitigation area (one month to eight months) of Class 1 (Interference with the performance of public duties and coercion of duties) (in the event of a person subject to special mitigation), which is minor in the application of the sentencing criteria (the scope of a recommended punishment).

2. Sentencing as ordered in consideration of the fact that the defendant's decision on the sentence did not take the demand of a single customer and commits the principal crime as a result of excessive conduct, his or her mistake reflects his or her own mistake, the first offender who has no record of criminal punishment, and other circumstances, such as the defendant's age, occupation, economic situation, etc.

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