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(영문) 부산지방법원 2019.10.17 2019고단3818

공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

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 July 4, 2019, at around 23:50, the Defendant: (a) committed an assault, such as spiting off the face of the said E, spiting the said F’s chest on one occasion on the face of the said E, with the Defendant’s 112 report on the “Creshing, provokinging to each other,” and verifying the circumstances of the instant case by the police officer E and F of the Busan Central Police Station Diplomatic Police Station: (b) who was called out after having received the report on the “Creshing, provokinging to each other,” and committing an assault, such as spiting the said E’s face once, and spiting the chest of the said F on one occasion.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement related to E, F, and G;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent 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 on probation and 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. As to the defendant who was sentenced to a fine in the same kind of crime, it is necessary to take a serious measure to commit the crime. However, it is necessary to impose a sentence as ordered in consideration of the defendant's age, occupation, criminal records, etc., that the defendant led to the confession of the crime and his mistake is divided, that the degree of obstruction of performance of official duties cannot be said to be significant.