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(영문) 부산지방법원 2019.07.18 2019고단2254
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 this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 23, 2019, at around 23:08, the Defendant committed an assault, such as: (a) in front of the exit of CJ in Busan, Busan, on the street, the Defendant: (b) reported 112 that “I will not send a student going to the road; (c) I would like to separate the Defendant and the students from the Defendant and the students; (d) I would like to go to the instant slope, and (e) I would like to see that E would bring about a buck, and (e) I would like to bring about a buck of the instant E, while I would like to bring about a buck back to the Defendant, I am spath of the buck, and (e) was spath of the instant E with the wall.

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. Application of Acts and subordinate statutes concerning police statements to E;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendation field and recommendation range] there is no person subject to the coercion of official duties] (the scope of recommendation field and recommendation range] basic area, six months to one year and six months;

2. Determination of sentence is against the Defendant; the Defendant has no record of criminal punishment except for punishment imposed once as a result of the crime of interference with business on or around 2013; the Defendant’s original content of the police officer E and the Defendant’s Branch; the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and the circumstances after the crime, etc., as indicated in the instant argument, shall be comprehensively considered, and the sentence shall be determined as indicated in the Disposition.

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