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(영문) 부산지방법원 동부지원 2018.11.29 2018고단1790
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On July 9, 2018, the Defendant: (a) sent to the entrance of a singing room located in Busan Nam-gu, Busan, at around 16:40 on July 9, 2018; and (b) “Absted a vision due to drinking value”; and (c) received a report from 112, and heard the details of the report; and (d) received the report from the police officer F of the Busan Southern Police Station E District, who was working for the police officer of the Busan Southern Police Station

“In doing a bath, assaulted the chest part of the F in both hands on three occasions, such as the said f in two fingers.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of the reported case by the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is an act of violence to the police called out after receiving a report 112, and is disadvantageous to the defendant, such as the nature of the crime is not good, and the criminal records of violence can be included in suspended execution.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, the types used by the defendant do not reach a very serious degree, and the defendant does not have any record of punishment for the same kind of crime.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - The group of crimes interfering with the performance of official duties, interference with the performance of official duties, Type 1 (Interference with the performance of official duties and coercion of duties), etc.

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