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(영문) 부산지방법원 2019.05.16 2019고단972

공무집행방해등

Text

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

However, 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

1. On March 3, 2019, the Defendant was unable to avoid disturbance for about 20 minutes, such as: (a) in a “Dcafeteria” operated by the victim C in Busan-gu, Busan-gu, under the influence of alcohol on March 22 and 20, and (b) in a “Dcafeteria” operated by the victim C in Busan-gu, the end of the business from the victim; (c) bring the victim’s cell phone charging device in his/her hand to the victim who has obstructed the operation of the business; and (d) he/she has been able to escape from disturbance for about 20 minutes.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

2. At around 22:50 on March 3, 2019, the Defendant engaged in obstruction of performance of official duties: (a) on the street in front of the restaurant as stated in the foregoing paragraph (1); (b) upon receiving C’s 112 report and soliciting him to invalid; and (c) the police officer affiliated with the E-district located within the E-district dispatched to the site, the Defendant assaulted F to the said F by continuing to prevent the front of the said F from spreading for about 10 minutes, while stating “I am lower than I am, I am. I am. I am. I am. I am.”

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. Application of each police statement statute to C and F;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Class 2 Crimes (Interference with Business) [Determination of Sentencing] Obstruction of Business Affairs (Type 1] Obstruction of Business Affairs (Special Convicts): Damage to Members of the Punishment Committee.