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(영문) 부산지방법원 2019.03.07 2018고단5130

공무집행방해

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

On November 12, 2018, 05:13 on November 12, 2018, the Defendant reported that “the ccafeteria located in Busan Jin-gu, Busan, Da, the police officer called Da, who was dispatched, sent the above restaurant, sent the Defendant back without wanting to deal with the case, and requested the Defendant to take measures to confirm the identity of the Defendant, and led the Defendant to go back to the patrol room.

At around 05:30 on the same day, the Defendant: (a) committed assault, such as quizzle, wheeling the neck D while driving by putting his hand in the cresh of the patrol wall; and (b) quizzing the shoulder E in the spath of the spath; and (c) kiding the shoulder E in the spath.

Since then on the same day, the defendant arrived at the G District District in Busan, Busan, Busan, and assaulted the police officers as above, and arrested them as flagrant offender under suspicion of obstruction of performance of official duties, and he gets knife off the knife the h's h's h's fl's fl's fl's fl's fl's fl's fl's fl's fl's fl's

As a result, the defendant interfered with the legitimate execution of duties on police officers' 112 reports and protective measures.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D, E, H, and I;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

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

1. Scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [No. 1] The obstruction of performance of official duties/voluntary coercion [the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months;

2. It is so decided as per Disposition in consideration of the following: (a) the record of punishment for the same kind of crime as the sentence is imposed; (b) the motive and background of the crime in this case; (c) the degree of physical records used; and (d) the degree of his mistake.