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(영문) 부산지방법원 2020.10.15 2020고단3506

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

Reasons

Punishment of the crime

1. On August 4, 2020, the Defendant attempted to intrude upon the victim’s residence on or around 20:50, the Defendant came to fall under the Busan Dong-dong C Building D, which had been residing by the victim B, and obtained a password of an entrance locking device without any justifiable reason, and attempted to intrude the victim’s residence, but did not go to the attempted attempt, even if he did not go through the wind with the entrance.

2. On August 4, 2020, the Defendant: (a) asked the Defendant’s personal information at the building C of the Busan Eastdong-gu Busan Metropolitan City, on August 4, 2020; (b) stated that “Y, Y, a police officer belonging to the Busan East Police Station E zone of the Busan East Police Station, who was called upon 112, asked the Defendant’s personal information; and (c) stated that “Y, Y, the police frans have been damaged, frans are their superior; (d) the above police officers prevented the Defendant who want to flee at the site; and (e) interfered with the performance of the performance of the performance of the official duties, the said police officers attempted to stop the Defendant’s body at the site; (e) fincing the Defendant’s clothes, fining the Defendant’s clothes, or fincing the clothes; and (e) assaulted G with the Defendant’s chest’s chest at the next place.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. Application of B’s written laws and regulations;

1. Articles 322 and 319 (1) of the Criminal Act applicable to the relevant criminal facts, and Article 136 (1) of the Criminal Act concerning the criminal facts;

1. Selection of imprisonment with prison labor for the choice of punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act are against the depth of the defendant, the primary offender, the point agreed with the victim B, the original contents of the defendant's attachment, the age, character and conduct, environment of the defendant, motive and circumstance of the crime, and other various conditions of sentencing as shown in the arguments in this case, such as the circumstances after the crime, shall be determined as ordered.