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(영문) 부산지방법원 2015.10.21 2014고단5355
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, 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

At around 10:20 on June 7, 2014, the Defendant: (a) reported 112 that the Defendant was going to death without paying accommodation expenses; and (b) reported 112, the Defendant obstructed the Defendant’s lawful execution of duties concerning the handling of the reported case and criminal investigation by the Doctrine F belonging to the Busan Police Station E Zone E zone of the Busan Police Station, which was called as “I am to am in and out,” and “I am to am in and out, I am in and out, I am in and out of the police son such as the bitch son, the bitch son, and the son’s family member from the bitch son.”

Summary of Evidence

1. The defendant's legal statement (the sixth court date);

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

1. Article 62 (1) of the Criminal Act ( considered as follows):

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

1. The sentencing criteria [Scope of Recommendation] The range of the comparison of the sentencing guidelines with the sentencing range that there is no basic area (six months to one year and four months) (special person) for the obstruction of performance of official duties: June to April;

2. Determination of sentence, assault and intimidation of sentence is not severe, there is no specific criminal record other than fines for the same kind of crime, and the motive and background of the crime in this case, the age, character and conduct, environment, etc. of the defendant shall be determined in comprehensive consideration;

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