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(영문) 부산지방법원 2016.02.04 2015고단5849
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 28, 2015, the Defendant: (a) around 00:45 on August 28, 2015, around the C cafeteria located in Busan, the Defendant: (b) reported that the Defendant 112 was going to a cafeteria; and (c) took a bath to the above E on the ground that the police officer belonging to D District of the Busan, Police Station D District, who was called out after having received a report from the Defendant, would attract the Defendant to return home, and obstructed the Defendant’s legitimate performance of duties concerning the prevention of crimes and the maintenance of order of the above E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes, such as assault and part photographs of victims;

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

1. The sentence of the suspended sentence under Article 62(1) of the Criminal Act is to be imposed in consideration of all the circumstances, including the reason for the sentencing [the scope of the recommended sentence] [the scope of the punishment that is favorable to the defendant], the basic area (from June to January 1) of the Article 62(1) of the Act on the Suspension of Execution and the basic area (the prevention of interference with the performance of official duties and the coercion of official duties] [the decision of the sentence] [the decision of the sentence] there is no person subject to special sentencing] [the decision of the sentence], despite the fact that the defendant had been subject to multiple punishment for violent crimes, there is no record of punishment heavier than the suspended sentence due to contingent crimes, and there is a pen of his mistake.

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