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(영문) 부산지방법원 2016.06.01 2016고단1731
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 28, 2016, at around 22:30, the Defendant expressed desire to B while boarding a C cab operated by B, and that, if the Defendant, B, stopping the cab in the vicinity of the E cab shop located in Busan, Busan, Busan, and then demanded to pay the cab, the Defendant “I want to Chewing this year.”

“The face of B was expressed as the head.”

After that, the Defendant was arrested from police officers belonging to the Busan Police Station F District of Police Station who received a report at around 22:40 on the same day, and tried to get out of the F District despite being transferred to the F District around 22:50 on the same day, and at that time, he could not get out of the F District because he was arrested as a current offender.

On the top of the main sentence, the liquor tax shall be collected.

In order to hear the word “Ne”, “Ahhhh, who will be on face, like in doing so, would be sarb,” and assaulted by means of cutting off the title of G in his arms.

As a result, the Defendant interfered with the legitimate execution of duties of police officers regarding the investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to B and G;

1. Application of Acts and subordinate statutes to investigation reports (on-site situations, etc.);

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation and sentence] of Article 62(1) of the Criminal Act has no basic ( June - one year and four months) [the person subject to special sentencing] [the decision of sentencing] of the crime of this case is that the defendant assaulted the victimized police officer as above to interfere with the performance of official duties, and the nature of the crime is not weak.

However, the punishment shall be determined as ordered in consideration of all the circumstances, such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., which are against the defendant, the primary offender, the social relationship is clear, and the punishment shall be determined as ordered.

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