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(영문) 부산지방법원 2019.10.22 2019고단3301

특수공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

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 May 14, 2019, at around 05:15, the Defendant: “Around 05:15, the Defendant 112 reported that “I had a first aid unit, which male left the Dong,” and went into the present place of residence to the above police officers at the time when I got off the elevator in order to go to the above apartment F, namely, “I would like to go in the same way as inside the house,” and “I would like to go to go to the front of the Geumcheon-gu Busan Metropolitan Government, Busan Metropolitan Government Police Station C District, which was called upon the report of 112 and went to the front of the 16th floor, and she continued to go to go to the present place of residence, such as refusing to get off the elevator even after I arrived at the 16th floor.”

After the above D filed a petition with the Defendant for about three minutes at the entrance, the Defendant stated that “I kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn n

Accordingly, the defendant carried dangerous things and interfered with the legitimate execution of duties of police officials concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Coloric photo;

1. Application of Acts and subordinate statutes of Part II of the 112 Reporting Case Handling List;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 144 (1) and 136 (1) of the Criminal Act which choose a penalty;

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

1. The scope of recommendations according to the sentencing guidelines for the crime of obstruction of the performance of official duties [Article 1] The obstruction of the performance of official duties or coercion of official duties [Special Aggravation] shall be limited to the scope of recommendations according to the sentencing guidelines. The recommended area and the recommended area when carrying dangerous objects.