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(영문) 부산지방법원 2015.11.20 2015고단6248

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

except that 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 July 17, 2015, at around 21:27, the Defendant took a bath to the effect that the circumstances belonging to the D District Unit of the Busan East Police Station, which was dispatched after receiving 112 reports, are about the reporter, and personal information is identified, the Defendant interfered with a police officer’s legitimate execution of duties concerning the handling of 112 reports by reason of the following: (a) on the ground that the circumstances belonging to the D District Unit of the Busan East Police Station, which was dispatched after receiving 112 reports; and (b) on the ground that he was aware of personal information.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the interrogation protocol of the accused

1. The application of statutes to the E and F of each statement of statement and investigation report (on the spot dispatch status, etc.);

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] The execution of imprisonment shall be postponed by taking into account the following: (a) the mitigation area (one to eight months) [Special Mitigation] of the obstruction of performance of official duties; (b) the degree of assault, intimidation, and deceptive scheme is minor [decision of the sentence] of a fine four times due to violence; (c) there is no less punishment for the obstruction of performance of official duties; (d) the degree of obstruction of performance of official duties is not more severe; and (e) the degree of interference