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(영문) 부산지방법원 서부지원 2017.10.24 2017고단1068
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 June 30, 2017, around 23:45, the Defendant: (a) reported that the head of the police box B of the Busan Northern Police Station B of Police Station, who called for the purpose of listening to the statement of a taxi article, was a customer who does not pay a taxi fee, and (b) took a bath to the above C, while drinking, the Defendant: (c) took a walk to the said C, “In fluencing, C’s chest,” and continued to have the Defendant sealed D’s chest on his hand; (d) the Defendant was able to ask D police officers to check the said C’s chest on his/her hand.

Accordingly, the defendant has carried the chests and necks of the above C in lush by being pushed off three times, and has reached the left eye of the above C with the finger hand while keeping the face of the above C in lush.

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 protocol with respect to E and C;

1. Application of the photographic Acts and subordinate statutes;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (six months to one year and six months) (the interference with the performance of public duties and coercion of duties) of the first type (the interference with the performance of public duties and coercion of duties) is nonexistent;

2. The offense of assaulting the police in the course of performing official duties by taking the decision uniform of the sentence is not good because it interferes with the exercise of legitimate public authority which should be strictly executed, and the damaged police officer is willing to punish the accused.

However, the defendant recognized the crime of this case and reflects it, and there is no record of the crime.

In addition, the defendant's age, sex, environment, motive and background leading to the crime of this case, methods and results of the crime of this case, the circumstances after the crime of this case, etc. shall be comprehensively considered, and all of the sentencing conditions in the arguments of this case and the records shall be determined as ordered.

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