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(영문) 부산지방법원 2020.01.08 2019고단5200

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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

At around 23:00 on October 11, 2019, the Defendant reported to the effect that “the taxi son does not incur any locked” in front of the Busan So-gu B, Busan, and sent to the site a 112 report, and stated that D’s face of D’s right face is “humping.” on the ground that D’s seat belonging to the Busan So-gu, Busan, Police Station C District, who called to the site is broken the Defendant himself.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers in relation to 112 reporting handling duties, who are public officials of violence.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of D police statement;

1. A report on investigation (a list of evidence Nos 2);

1. Each photograph;

1. Application of Acts and subordinate statutes of E;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for the sentencing of Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The reason for the sentencing of Article 62(1) of the Act on the Suspension of Execution of Official Duties [Special Mitigation] (Article 62(1) of the Act on the Suspension of Execution of Official Duties] In light of the following: (a) the scope of punishment for the mitigation area (Article 1-8) [Special Mitigation] [Article 62(1) of the Act on the Suspension of Execution of Official Duties] (Article 62(1) (Article 62 of the Act on the Suspension of Execution of Official Duties] (Article 62(1) of the Punishment of Imprisonment in consideration of the following: (b) the defendant committed a crime of assaulting a police officer who wears his uniform without justifiable reason under the influence