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(영문) 부산지방법원 동부지원 2020.01.15 2019고단1975

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 September 21, 2019, around 18:18, 2019, the Defendant said that, “In the transmitting station office located in the 1147, Busan, Daegu, Busan, the Shipping-gu, the Defendant demanded the victim B and the victim C, a police officer, who called the Defendant to return home after receiving a report that the Defendant smoked and smoked, the Defendant said that “I would like to see how much he was paid, how much he was paid, how much he was paid, how much he was dead, and how dead.”

Accordingly, the defendant insultd the victims openly.

2. The Defendant, at the date, time, and place specified in Paragraph (1) of this Article, was required to return home from the police officer B and the police officer C belonging to the Busan Coast Guard Police Station, who was called upon receiving the above report, and went out of the transmitting station. C was flicked once again, and C was flicked into the transmitting station, and flicked twice the left face part.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Each statement of B and E;

1. Application of relevant photographs, such as investigation reports and obstruction of performance of official duties, and Acts and subordinate statutes on complaint;

1. Article 136 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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 punishment as ordered shall be determined in consideration of all the circumstances, such as the criminal records of the accused, the background and consequence of the crime (the degree of violence and insult), age, environment, character and conduct, and circumstances after the crime, etc. with the reason of sentencing under Article 62-2 of the Social Service Order Act;