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(영문) 부산지방법원 2020.11.11 2020고단3357
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 becomes final and conclusive.

Reasons

Punishment of the crime

On July 16, 2020, at around 15:52, the Defendant reported to the father C's 112 report that "the Defendant d's d' of the Busan Police Station D's 112 report that the Defendant d's d's d' of the Busan Police Station sent to this place, and used the bath for the above E, and used his d's d's d's d's d's h's h's h's h' at one time on the hand.

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of the above E- 112 Reporting Cases, which is a police official.

Summary of Evidence

1. A written statement of the police concerning the defendant's legal statement E;

1. Application of investigation reports (on-site conditions, etc.) and photographs of victimized police officers;

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

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] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Determination of sentence: The defendant recognized the crime of this case and reflects the fact that there is no record of being sentenced to the suspension of the execution of imprisonment or heavier punishment, and the degree of violence against police officers on the other hand, the process of arrest and the circumstances after arrest are not good, and the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc. shall be comprehensively considered and determined as the order of punishment as shown in the arguments of this case.

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