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(영문) 부산지방법원 동부지원 2021.02.18 2020고단2241
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On September 6, 2020, the Defendant: (a) around 03:43 on September 6, 2020, in front of the Busan Southern-gu, C store; (b) “I will receive 112 reports; and (c) the slope E, working in the D branch, and the slope F, working in the D branch, called D branch, have a string so that I am home to the Defendant who was diving and locked, and (d) the said police officer “I am there is any wrong error in dwarf.”

D. The Defendant used the instant E’s lusium, such as “Choe, Cheongre,” and assaulted, such as plucking, plucking, breaking the back part of the patrol patrol car, spacing, and blocking the Defendant from crossing a four-lane road without permission.

Accordingly, the defendant interfered with the police officer's legitimate performance of official duties in handling 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to report investigation into police statements made to E;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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: The sentence shall be determined as ordered by comprehensively taking into account the various sentencing conditions as set forth below six months of imprisonment and two years of suspended sentence, Defendant’s age, sexual conduct, environment, motive and circumstance of the instant crime, means and consequence of the instant crime, and all of the sentencing factors in the trial process, including the circumstances after the instant crime, etc.

The favorable sentencing conditions: The recognition of the crime of this case and reflects, and the sentencing conditions disadvantageous to the fact that there is no record of criminal punishment exceeding the fine: it is reasonable to interfere with the execution of official duties.

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