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(영문) 부산지방법원 2017.03.29 2017고단917
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On June 16, 2016, around 02:10, the Defendant: (a) received a 112 report from the head of the Busan Central Police Station D police station in Busan Central Police Station D (hereinafter referred to as the “Pesting Party”); (b) received a demand for the payment of taxi charges from E during the course of the police box belonging to the Busan Central Police Station D (hereinafter referred to as the “Pesting Party”); and (c) embling or spiting the body of the Party E (hereinafter referred to as the “Westing Party”) with the face of the above circumstances E, as he would be at the time of drinking. In order to prevent the Defendant, the Defendant committed assault, such as hicking the body of the Party E (hereinafter referred to as the “Wing Party”).

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Application of three copies of a report on investigation and a photograph of damaged parts of the Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (which has no record of committing the same type of crime, and reflects the depth of the crime) of the suspended execution [the scope of recommended punishment] There is no person who has no basic area (six months to one year and six months) [the person who is subject to special sentencing] [the person who is subject to special sentencing] under the basic area (six months to one year and six months] (the decision of sentence] and two years of suspended execution;

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