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(영문) 부산지방법원동부지원 2020.11.19 2020고단1535

공무집행방해

Text

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

except that 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

On June 6, 2020, at around 01:50 on June 6, 2020, the Defendant reported that female passengers under the influence of alcohol do not pay a taxi fee at the entrance door of the Nam-gu apartment B apartment, and reported the circumstances of the police box belonging to the Busan Southern Police Station C commander of the Busan Police Station where he was engaged in the field work. Although he could sufficiently know the circumstances that he is a police officer, such as wearing a police uniform and a boom, and installing a patrol car on the side, he she was frightd to fright, she was frighted from the back of the above D, she was fright to fright, and she was fright to fright to fright and hick to fright.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes governing the 112 Reporting of Investigation Report (explosive situation, witness, victim photo, etc.) and the 112 Reporting Report (to be attached to the video recording ofCCTV);

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

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

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] The obstruction of performance of official duties [Type 1]/ the coercion of official duties [the scope of the recommended area and recommendation] There is no person who has been forced to perform his/her duties] (the scope of the recommended area and recommendation] basic area, six months to one year and six months [the general person who has been sentenced to suspension of execution] [the grounds for suspension of execution] - there is no serious reflective reason or no criminal record of suspension of execution or more than one year of punishment.

3. Determination of sentence: Imprisonment with prison labor for eight months and two years in probation, as follows, the various sentencing conditions of the defendant, age, character and conduct, environment, motive and circumstance of the crime of this case, means and consequence of the crime of this case, and all of the sentencing factors shown in the records and trial process, such as the circumstances after the crime.