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(영문) 부산지방법원 2019.10.01 2019고단3312

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 29, 2019, at around 18:15, the Defendant paid the food value to the above restaurant proprietor, who received a report from 112 that “C” located in the Dong-gu, Busan, and received the report from the head of the Busan, Dong-dong Police Station D District Unit, and received the notification to return home, and received the notice to the head of the above restaurant proprietor, and used the above restaurant proprietor to take a bath for the above E without any justifiable reason.

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. Statement of the police statement of E;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months;

2. Determination of sentence is seriously against the defendant, and there is no record of punishment heavier than that of the same kind of punishment, suspended execution, or heavier punishment, the original contents of the victimized police officer, his age, character and conduct, family relationship, motive and circumstance of the crime, and other various conditions of sentencing specified in the arguments of this case, including the circumstances after the crime, shall be determined as ordered by taking into account the following factors: