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(영문) 부산지방법원 2021.02.08 2020고단4025
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 19:45 on September 18, 2020, the Defendant: (a) at the entrance of a parking lot in front of the city located in the Geum-gu Busan Metropolitan City, the Defendant: (b) was under the influence of alcohol to check a bridge in front of the entrance of the above parking lot; (c) the circumstances, E, etc. belonging to the Geum-gu Police Station D Zone of the Geum-gu Police Station called for the Defendant upon receiving a report that the vehicle cannot pass due to the Defendant; and (d) said E, the Defendant stated that “this location is at the entrance of the vehicle, and the vehicle goes home at the exit of the vehicle,” and said E expressed that the Defendant “this walked the above E,” and assaulted a police official who performs legitimate public duties, such as taking preventive measures against the risk of walking the vehicle once due to the outbreak of the E mouth.

Summary of Evidence

1. Statement by the defendant in this court;

1. Application of Acts and subordinate statutes in which statements made by the police in relation to E are recorded;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] interference with the performance of official duties on the grounds that a crime interfering with the performance of official duties is [the Class 1] interference with the performance of official duties or coercion [the special sentencing factors] mitigation factors: Where the degree of violence, intimidation, and deceptive scheme is minor [the territory of recommendation and the scope of the recommended punishment] mitigation area, one month to eight months of imprisonment;

3. Determination of sentence: Determination of sentence: The defendant confessions and reflects a crime, the degree of violence is not heavy, and the fact that the defendant is a crime committed while in the main place is favorable to the defendant. The defendant's history of punishment reaches 12 times and exceeds 12 times, which includes two times the history of punishment for the same kind of crime, and there is a reason to return to the victimized police officer;

In addition, the defendant's age, sex, intelligence and environment, motive, means and result of the crime.

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