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(영문) 부산지방법원 2017.05.12 2016고단8572
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 25, 2016, the Defendant interfered with the performance of official duties on the roadside was under influence of alcohol on the roadside in front of the parking site of the “C” parking located in the Busan Sacho-gu, Busan at night.

He reported that he was used by the person and called to the place of Busan police station, the assistant E belonging to the Busan police box, and the assistant F sent to the supported place was found to be locked by the defendant on the side of the road and demanded to return home on that day.

Accordingly, the Defendant, at around 22:39, 22:39, changed the quality of a way to a slope F and a slope E, and changed the food.

2. On the same day, the Defendant obstructed the performance of official duties before the police box, and went back to the police box for the said reason, and committed assault, such as 23:50 on the same day when he was on the 23:50 day before the police box, followed the Defendant who was going to go to the police box before the police box, and boomed the Defendant following the Defendant who was going to cross the road without permission.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reports by police officers, protective measures, and prevention and suppression of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to E or F;

1. G documents;

1. The investigation report (3) and the application of each photographic Act and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the reason for sentencing [the scope of recommendation] of Article 62-2 of the Act on the Protection and observation of the Protection and the Order of Community Service [the scope of punishment] The basic area (six months to one year and six months) (where the degree of violence, intimidation, deceptive scheme, or obstruction of public service is minor] / Where there are multiple public officials who suffered damage, the scope of final sentence due to the increase of multiple crimes: The defendant committed assault in six months to two years [the decision of sentence] according to the sentencing guidelines, and the defendant committed assault in 2014.

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