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(영문) 부산지방법원 2019.08.20 2019고단2878

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 16, 2019, at around 23:12, the Defendant: (a) confirmed the details of the report by the head of the police station D District of the Busan Jin-gu Police Station, which called “the Defendant was assaulted against the land owner” at the Busan Jin-gu B apartment, and the residence located in the Busan Jin-gu B apartment; (b) and (c) assaulted the Defendant in order to arbitrarily move into the said area along with the Defendant in order for the Defendant to voluntarily move into the zone.

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. Application of Acts and subordinate statutes on police statement to E;

1. The relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

1. Scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [No. 1] The obstruction of performance of official duties/voluntary coercion [the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months;

2. It is so decided as per Disposition in full view of the fact that the instant crime was committed while a trial is being held separately due to a decision of sentence, the fact that his mistake is against himself, the motive and background of the crime, and the method of the crime, etc.