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(영문) 부산지방법원 2019.09.26 2019고단2718

공무집행방해

Text

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

On May 30, 2019, at around 21:05, the Defendant: (a) received a report from 112 from the proprietor that “A” restaurant located in Busan Jin-gu, Busan; and (b) obstructed the Defendant’s demand to present personal information, without any reason, while under the influence of alcohol, the security guards belonging to the Busan Jin-gu Police Station D box called “A,” who called “I am to shot, I am to am, I am, I am to do so; and (c) in order to verify the identification card from the Defendant’s wall located in the customer, the Defendant committed assault, such as assaulting the head of the above E by cutting the galth of head, and seeing the face of the above E with the right drinking.

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. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. A written statement;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

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

1. Application of the sentencing criteria [Scope of Recommendation] The basic area (six months to one year and six months) of the obstruction of performance of official duties (the obstruction of performance of official duties and coercion of official duties) (the special person who has not been punished);

2. Although the Defendant’s decision of sentence was under the influence of alcohol and used violence against a police officer who called out after receiving a report on his/her behavior, did not receive a letter of tolerance from a police officer, criminal punishment regarding violence, the Defendant’s confession, his/her mistake in depth, the degree of obstruction of performance of official duties cannot be seen as being significant, and other factors, such as the Defendant’s age, economic situation, etc., should be imposed as per the disposition.