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(영문) 부산지방법원 서부지원 2019.07.04 2018고단2654
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor 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

1. At around 00:10 on September 21, 2018, the Defendant insultd the victim E by openly speaking to the large voice, “Accomprisoning a cbank in front of the c bank located in Busan Yagu, the Defendant did not pay a charge to a c bank agent in front of the c bank located in Busan Yagu, and was dispatched to the site upon the report of 112 by the head of the Gu, who was sent to the site by the assistant E belonging to the Busan YA police station D box, who was heard by a large number of neighboring residents.”

2. On September 21, 2018, around 00:10, the Defendant assaulted the police officer, who was dispatched to the scene after receiving 112 report as described in paragraph (1), in front of the C Bank located in Busan YY-gu, Busan Y-gu, and sent to the site at the same time, such as taking a defective bath to arrest the Defendant as a flagrant offender, and taking the police officer assigned to the same police box, who was called to the site at the same time, as stated in paragraph (1).

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes and the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint filed by E;

1. Application of Acts and subordinate statutes to a report on investigation (investigation, etc. into a shot person);

1. Relevant Article 136(1) of the Criminal Act and Article 311 of the Criminal Act concerning criminal facts (the point of obstructing performance of official duties and the choice of imprisonment), the choice of punishment (the point of insult and the choice of imprisonment);

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

1. Scope of punishment by law: Not more than five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties [Type 1]/ the coercion of official duties [Special Convict]: 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 or eight months of imprisonment.

3. Determination of sentence: The defendant shall be sentenced to four months of imprisonment, and one year of suspended sentence (unfavorable circumstances).

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