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(영문) 부산지방법원 서부지원 2019.05.02 2018고단2071

공무집행방해

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Police Officers C, etc. belonging to the Busan Northern Police Station B District, called the Defendant after receiving 112 report that the Defendant was drunk in the E cafeteria located in Busan Northern District D, and called the Defendant, who was under influence of alcohol, went to the front of the Defendant's house located in Busan Northern District D.

On August 27, 2018, the Defendant, around 22:10 on the front of the Defendant’s home, instructed C to the Defendant, who asked C the said police officer “I will come to house” to “I will go to house.” On the front of the Defendant’s home, the Defendant sent C one time a part of the left side of C’s drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of the upper part of the body, photographs of the upper part, and records of 112 reported cases;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the punishment of imprisonment] the obstruction of performance of official duties [the category 1]/ the coercion of official duties [the scope of the recommended area and the punishment of recommendation] basic area, six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for six months and one year of suspended sentence (unfavorable circumstances) are not good enough to commit the instant crime by assaulting a police officer who would have taken the defendant into his house while under the influence of alcohol.

It is necessary to strictly punish the obstruction of performance of official duties in order to establish the law and order of the state and eradicate the light of the public authority.

【Ligue circumstances】 The Defendant acknowledges and reflects his criminal act.

Defendant has no record of punishment for the same kind of crime.

No defendant has been punished on two occasions due to a violation of the Food Sanitation Act, except for a fine.

The age, character and conduct, environment, and environment of the defendant.