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(영문) 부산지방법원 2020.06.17 2020고단1473
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 02:00 on February 20, 2020, the Defendant: (a) stated that the Defendant was requested by the police officer F of the police box affiliated with the Dong Police Station Eagu Police Station, where the Defendant was dispatched after receiving a report of 112 from the driver who did not pay a taxi fee, and then requested the confirmation of the intent to pay a taxi fee, and (b) stated that “the taxi fee shall be cut off without a string; (c) the Defendant was able to take part of the F as a hack to arrest a flagrant offender, such as F’s left hand hand, and (d) the Defendant was able to take part, such as a hacked hand of a police officer G belonging to the same police station.

As such, the Defendant interfered with the legitimate execution of duties concerning the handling of reports by F and G 112.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H, F, and G;

1. Investigation report (an investigation into two upper part, such as victim guards F, etc.);

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Determination of sentence shall take into account the following factors: (a) the Defendant’s recognition of the instant crime and reflects the depth thereof; (b) the Defendant has no record of criminal punishment; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime; and (d) the conditions of various sentencing specified in the pleadings of the instant case

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