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(영문) 부산지방법원 2018.11.29 2018고단3726

공무집행방해등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 22, 2018, the Defendant interfering with his/her duties must enter the C high school guard room located in Busan Youngdo-gu, Busan, into the C high school guard room, and enter the Ga and the victim D ( South, 61 years old), who is a security guard, with the inside of C.

It interfered with the guard duty of the victim by avoiding disturbance about 10 minutes, such as passing through large voice, and by force.

2. The Defendant interfered with the performance of official duties at the time and place described in the above 1.1. Paragraph (1) above, and the police officer E (46) who was dispatched after receiving a report of 112, identified the circumstances of the instant case, and stated the Defendant’s personal information, etc. at night work hours, and thereby deducted the Defendant’s night work hours of A. E, deducted the Defendant from his night work site, and assaulted E’s chest by hand on one occasion due to the defect.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on police statements made to E and D;

1. Article 314 (1) of the Criminal Act (the point of interference with business, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of interference with the performance of public duties and the choice of imprisonment) concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Two crimes (Obstruction of Duties) for which the sentencing guidelines apply are applicable: the scope of final sentence due to multiple crimes where the degree of violence, intimidation, deceptive scheme, or obstruction of public duties is minor in the mitigated area (one month to eight months) of the mitigated area (i.e., interference with performance of public duties) for the basic area (six months to one year and six months) (i.e., interference with duties) for which no person is subject to special sentencing [the scope of recommended punishment] for the second crimes (i.e., interference with performance of public duties) for which the sentencing guidelines are applied; and (ii) for which the degree of violence, intimidation, deceptive scheme, or obstruction of public duties is minor: the scope of final sentence due to multiple crimes: six months to ten months;

2. The fact that the defendant who made the decision of sentence has led to the confession of all crimes and has divided his errors; and