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(영문) 부산지방법원 2020.01.15 2019고단5469
공무집행방해등
Text

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

Reasons

Punishment of the crime

1. On October 19, 2019, the Defendant: (a) around 23:30 on October 19, 2019, the Defendant used a trial fee on the ground that he would give the victim D (at the age of 52) who is an employee of the main store in Busan B, and used it to take a bath by cutting down the victim’s breath and cutting off the breath, and pushed the face in his hand.

2. The Defendant, at the above date and place of the obstruction of performance of official duties, committed an assault on the ground that the police officer F, who was a police officer belonging to the Busan Coastal Police Station E District forces, sent out after receiving 112 reports on the said assault, sent a warning on the booming of the booming, and used the breath, “propin fection fection” on the ground that the police officer, who was a police officer belonging to the Busan Coastal Police Station E District E District forces, was aware of the brea

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on 112 reported handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or G;

1. Application of Acts and subordinate statutes to investigation reports (as to the attachment ofCCTV images and photographs);

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of imprisonment for a crime

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for six months to one year (the maximum of crimes No. 2).

2. Determination of sentence: The degree of assault against the victim D is serious;

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