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(영문) 부산지방법원 동부지원 2020.06.17 2020고단174
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 12, 2019, at around 07:38, the Defendant: (a) entered the “C convenience store” located in the Geum-gu, Busan, and obstructed the disturbance, such as lying on the floor, on the floor; (b) obstructed the Defendant, upon receiving a report from employees of convenience stores, and solicited the Defendant to return home from E, a police officer belonging to the D Zone Unit of the Geum Jong-gu Police Station, who was called to the site after receiving a notification from employees of convenience stores; and (c) obstructed the Defendant, by taking the bath and verbal abuse, “I have been going to go to the police officer’s dog, rings, rings, and dies,” and assaulted the Defendant to walk the B’s bridge at several times.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared by the F;

1. Application of statutes on field CCTV photographs;

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 on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act and the following circumstances shall be determined as ordered in consideration of the Defendant’s age, character and conduct, motive, means and consequence of the crime, and all the circumstances constituting the conditions for sentencing as indicated in the instant case, including the circumstances after the crime:

In order to establish the state's legal order and eradicate the light of the public authority, the crime of obstruction of performance of official duties, such as this case, requires strict punishment, the degree of violence, and the circumstances favorable to that of the two times punishment due to the crime of obstruction of performance of official duties, have shown an attitude to recognize and reflect the crime of this case, and the recent operation is conducted with cerebrovassis.

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