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(영문) 부산지방법원서부지원 2020.11.12 2020고단1007

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

On February 23, 2020, the Defendant did not pay the taxi fee at around 21:15, the Defendant expressed his desire to pay the taxi fee and to be urged to return home from the Inspector B located in the Busan District Police Station, and the Defendant was urged to take the son’s grandchildren by hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers related to the maintenance of public order, suppression of crimes and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Photographs;

1. Application of Acts and subordinate statutes to a report on investigation (on-site verification investigation and CCTV investigation in the B district);

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant assaulted a police officer in the course of performing official duties.

The defendant was unable to receive any accusation from a police officer.

The defendant recognizes his own crime.

The defendant has no record of punishment or punishment heavier than a fine for the same kind of crime.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.