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(영문) 부산지방법원 서부지원 2019.06.13 2018고단2426
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 June 26, 2018, at around 05:35, the Defendant received 112 report from the Busan Babel parking lot stating that “the Defendant francing a disturbance, such as a breath of drinking alcohol, and a vehicle from a guest room visit,” and franced the above D’s face by stating that “D francing the Defendant into the elevator on one floor, and having the Defendant go back to the elevator,” and that “the francing of the flab of the francing francing flab,” which read that “the flab of the flab, would be dead.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the investigation report (the confirmation of CCTV at the place of committing a crime);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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. The scope of the recommended sentence according to the sentencing guidelines [the scope of the punishment of imprisonment] the obstruction of performance of official duties [the category 1]/ the coercion of official duties [the scope of the recommended area and the punishment of recommendation] basic area, six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for six months, and one year of suspended sentence (unfavorable circumstances) are not sufficient to commit the instant crime by a defendant who assaults a police officer in the course of performing his/her official duties;

【Lied circumstances】 The Defendant recognizes his criminal act.

There is no record that the defendant was punished for the same crime.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.

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