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(영문) 부산지방법원 동부지원 2018.04.04 2017고단2726
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 00:52 on November 28, 2017, the Defendant reported to the effect that the Defendant, at the Busan Southern Police Station C District located in the Busan Southern Police Station, a taxi engineer D, recommended the Defendant to pay the taxi expenses without paying the taxi expenses, paid the taxi expenses to the taxi engineer, and then paid the taxi expenses to the taxi engineer, and then, regardless of the aforementioned horse E’s recommendation for returning home, he did not go to the friend, without going to go to the friend, and went ahead of the friend, with the guidance of the above friend, F, etc., but again, the Defendant sent the friend by having the friended the friend with the intent of having the friended the friend with the intent of having the friended with the intent of having the friend with the intent of having the friend with the intent of having the friend and the friend with the intent of having the frith hand.

In this respect, the Defendant assaulted an InspectorF as above, thereby hindering police officers from performing their legitimate duties on the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Investigation report (investigation into the current situation and part of damage caused by violence);

1. Application of Acts and subordinate statutes to photographs by cutting off on-site CCTVs;

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

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

1. There are criminal records against the defendant for reasons of sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, the order to attend lectures, and the order to provide community service order, and the crime records are very similar to this case.

The risk of recidivism seems to be high.

It can not be said that police officers, including security F, have made efforts to recover damage, such as seeking a letter of suspicion against their mistake.

The defendant shall be sentenced to imprisonment.

However, the degree of interference with the assault and official duties of this case is very important.

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