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(영문) 부산지방법원 서부지원 2021.02.17 2020고단1947
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On July 1, 2020, around 02:17, the Defendant does not hold a house under the influence of alcohol in front of C in Seo-gu Busan, Seo-gu.

“Adembling, killing, and injuringing the Defendant on the ground that the circumstances and circumstances of the D police station affiliated with the D police station called up after receiving a report 112 are soliciting the Defendant to return home.”

The Defendant spits or spits spits on the front door of the patrol car, and prevented the patrol vehicle over the two arms on the front door of the patrol car, thereby preventing the aforementioned E from taking advantage of the spits or spits on the face of the above E. Accordingly, the Defendant interfered with the police officer’s legitimate execution of duties concerning the 112 reporting processing duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the following shall be comprehensively taken into account: (a) the course and method of the instant crime; (b) the degree of the exercise of tangible force; (c) the Defendant’s age, character and character environment; (d) the motive and means of committing the instant crime; and (e) the circumstances after committing the instant crime, etc.; and

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