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(영문) 부산지방법원 2020.08.28 2020고단1195
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On March 21, 2020, at around 22:37, the Defendant assaulted on one occasion the left part of E, while taking a bath to E, when the circumstance of the Busan Jin Police Station D, which was called out after receiving a report of 112 that the Defendant is suspected of drinking driving, asked the Defendant about whether the Defendant is drunk driving.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Application of the video CD-related Acts and subordinate statutes

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. The reason for sentencing under Article 62-2 of the Criminal Act of probation and community service order is that the police dispatched after having received a report that there are many criminal records related to violence and the drinking run is doubtful, and the motive and method of crime are not very good: Provided, That the punishment shall be determined like the order in consideration of the fact that the crime is being committed;

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