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(영문) 부산지방법원 2019.09.25 2019고단3310

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 20:50 on May 30, 2019, the Defendant, while under the influence of alcohol, committed assault, such as assaulting the victim, who listens to the horses that turn on from the victim D (the age of 58) while cutting down the “Cjuk’s underground stairs” located in the Busan Young-gu B, Busan, Young-gu. In doing so, the Defendant intending to bread the victim’s breath by cutting down the breath, cutting down the breath, and drinking the breath.

2. On May 30, 2019, the Defendant: (a) committed an assault against the Defendant, on the part of May 30, 2019, at around 21:35, on the part of the Defendant: (b) on the 112-round 30th day before the instant “Cjun”, that he saw the fact-finding by the staff F of the Busan Youngdo Police Station E District; and (c) on the part of the Defendant, he sawed the boom and the glad with F in his hand, and committed an assault against the Defendant, such as glading the f’s nose at once.

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. Each protocol concerning the examination of the suspect against the defendant;

1. Each police statement made to D or F;

1. Each photograph;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant Articles 260(1) and 136(1) of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor, respectively;

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

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

1. The scope of the final sentence due to the aggravation of multiple crimes in the basic area (including the scope of recommendations) of category 1 of the obstruction of performance of official duties (referring to six to one year and six months), the basic area (referring to the scope of recommendations) and the scope of the final sentence due to the aggravation of multiple crimes in the basic area (referring to two to one month and ten months): six months to one year (decision of sentence] of the Defendant, and the quality of each of the crimes of this case is not good, in light of the fact that the Defendant has committed one-time violence, and that the Defendant has no same criminal record and there is no good quality of each of the crimes of this case, the Defendant is selected to be sentenced to imprisonment.