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(영문) 부산지방법원 2020.01.15 2019고단5644
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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 1, 2019, at around 04:30, the Defendant: (a) received a report from 112 that the Defendant would not pay the drinking value; and (b) sought a statement from the police officer E and the police officer F, who was called to the same police station, to pay and return home the drinking value from the police officer E and the police officer F, who was called to the Defendant, and tried to take care of the above police officer E’s face with his hand, and to take care of the chair E.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement of F and G;

1. Application of Acts and subordinate statutes governing criminal video CDs;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

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

1. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties [Special Convicts]: Where the degree of violence, intimidation, and deceptive scheme is insignificant (the scope of the recommended area and the recommended sentence] mitigation area, and one month to eight months of imprisonment;

2. Determination of sentence: A sentence that a defendant takes a bath to a police officer and brings a riot to a police officer is disadvantageous;

However, taking into account the fact that the degree of violence does not seem significant, it is decided as ordered in consideration of all the circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime.

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