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(영문) 부산지방법원 2019.08.20 2019고단2536

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 became final and conclusive.

Reasons

Punishment of the crime

On April 25, 2019, at around 00:31, the Defendant: (a) confirmed the circumstances of the instant case by the slope E belonging to the Busan East Police Station D District of the Busan East Police Station, which was called “Isk to the scene promptly and liquor tax” after receiving a report from the mother of the Defendant at the address located in the Busan East-gu B building and C; (b) and (c) assaulted the Defendant’s chest with “Isk to the house, if Isk to the house, if Isk to the house, if Isk to the house, and you have come to the house, then Is off, sh to the house, or if Isk to the house.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases by police officials.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months;

2. It is so decided as per Disposition by taking into account the fact that there is a history of punishment for the same kind of crime as the sentence is imposed, that there is a reflect on his mistake, the motive and background of the crime, and the degree of physical force of the used crime; and