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(영문) 부산지방법원 2016.11.16 2016고단5546
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On July 29, 2016, at around 07:00, the Defendant: (a) was asked about personal information from the slope E belonging to the Busan Southern Police Station D Zone D, which called to the site after receiving a report on 112 as the day on which the day when the Defendant performed other customers who performed drinking together; and (b) was assaulted by the Defendant, i.e., having pushed the said E in a double hand, and having sprinked him in a flab.

Accordingly, the defendant interfered with the proper execution of duties concerning the maintenance of police officers' order and crime control.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of each Act and subordinate statute to investigation reports and photographs;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the first sentence and reflects on the depth of the crime) of the suspended sentence (the scope of recommendation) (the scope of punishment] that there is no basic area (six to one year and four months), the basic area (six to one year and four months) (the special person) of the obstruction of performance of official duties (the decision of sentence), six months of imprisonment and one year of suspended sentence;

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