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(영문) 부산지방법원 2020.06.10 2020고단1466

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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 March 14, 2020, at around 22:34, the defendant, under the influence of alcohol on the road in front of the C convenience store in Busan, Busan, and received a report of 112 related thereto, was removed from E in the situation where the Busan, Jin Police Station affiliated with the Busan, and called for, the defendant was removed from the rank attached to the victim's right shoulder by hand, and the defendant was removed from the rank attached to the victim's right shoulder by hand, and performed once the above E's ship by drinking.

As a result, the defendant interfered with the legitimate performance of duties of police officers on handling 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of the Acts and subordinate statutes governing victim part photographs;

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 the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties [Special Convicts]: Where the degree of violence, intimidation, and deceptive scheme is insignificant (the scope of the recommended area and the recommended sentence] mitigation area, and one month to eight months of imprisonment;

2. The sentence shall be determined in the same way as the order is taking into account the fact that the defendant's decision on the sentence is seriously contradictory, that the degree of power is not serious, that there is no heavy penalty power, and that there is no other serious penalty power, and the age, character and conduct, environment, circumstances after the crime, etc.