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(영문) 부산지방법원 2014.09.26 2014고단5754
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 8, 2014, at least 05:25, the Defendant expressed that “D’s house,” which is the Defendant’s residence located in Geumcheon-gu, Busan, was placed in front of the “D’s house,” and that “any person who has been injured” was sent to the Busan Geum-gu Police Station E zone guard F, who was sent to the scene more than 10 minutes after the Defendant received the Defendant’s report, and used the Defendant’s body to “if he was sent to the inside and reported several times, he will grow up, spacks, spacks, spacks, and spacks, spacks the Defendant’s body.” In order for the Defendant to have the said police officer go home to go home to the Defendant, he assaulted the Defendant, such as having the knick and spacks, which he was on the ground of the police officer, go beyond the stairs.

Accordingly, the defendant interfered with the legitimate performance of official duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol of statement to F;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is not good in light of its circumstances, and in particular, the crime of obstruction of performance of official duties is likely to be punished strictly due to the act of light of public authority and disturbing legal order, and thus, is disadvantageous to the defendant.

However, the defendant has no record of being punished as a crime of obstruction of performance of official duties, there is no record of punishment exceeding a fine, and considering favorable circumstances such as the fact that the degree of damage suffered by police officers is not much serious, and other sentencing conditions in the records, such as the defendant's age, character and behavior, environment, etc., shall be determined like the order.

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