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(영문) 부산지방법원 2021.01.13 2020고단3721
공무집행방해등
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.

(e).

Reasons

Punishment of the crime

On April 30, 2020, the Defendant: (a) received a 112 report from the subway station located in Busan, the subway station located in Busan, 1017, in front of the exit station located in Busan, the Defendant refused to comply with the request from the police officer C and the police officer C belonging to the Busan, B police station B police station in the Busan, who called to the effect that “the person under the influence of alcohol uses Ortour” under the influence of alcohol; (b) attempted to go home from the above C and to go back from the Mask of the above C; and (c) attempted to go back from the Mask of the above C; (d) the above D was removed on a one-time basis; and (e) the Makk, who was worn with the above C, was laid down.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Act and subordinate statutes to report on the investigation of police statements to D and C and report on the investigation (as to attachment of Badi campaigns, video images, and photographs);

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

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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 / [type 1] Interference in the performance of official duties on the grounds of a crime interfering with the performance of official duties / [No person subject to special sentencing] [the territory of recommendations and the scope of the recommended punishment] basic area, six months through one year and six months.

3. Determination of sentence: Determination of sentence: Determination of sentence as ordered, comprehensively taking into account the following factors: The recognition of the instant crime, the police officers expressed their intention not to punish, the fact that the police officers have been punished for the same kind of crime, the defendant's age, sexual behavior, environment, motive and circumstance of the instant crime, and other various conditions of sentencing as shown in the arguments in the instant case, such as the circumstances after the commission of the crime.

Rejection of Public Prosecution

1. The Defendant of this part of the facts charged is a number of citizens who interfere with the victim C’s performance of official duties at the time and place specified in paragraph (1).

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