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(영문) 부산지방법원 2019.07.03 2019고단1839
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

At around 00:20 on April 17, 2019, the Defendant: (a) at the main point of “C” located on the Busan B B building and the second floor; (b) “C,” which was sent to the Busan National Police Station D District, upon receipt of a report by 112, the Defendant refused the Plaintiff’s me to “the son, a person showing his identification card, a person paying his identification card, a person paying his identification value, and a person returning to Korea”; (c) but (d) the Defendant again refused the Plaintiff’s me to “the me who would pay only his identification card, pay his identification value, and return to Korea,” and the Defendant assaulted the victim’s face on one occasion due to his head.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases by police officials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to a field photograph or a dynamic image photograph;

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 applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] [Article 1] The obstruction of the performance of official duties/performance of duties (the scope of the recommended area and the recommended punishment], the basic area of the recommendation [the scope of the recommended area and the recommended punishment], six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for not more than six months and two years of stay of execution (including the fact that the defendant is against his gender);

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