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(영문) 부산지방법원 서부지원 2018.09.19 2018고단840
공무집행방해
Text

A defendant shall be punished by imprisonment for 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 March 14, 2018, at around 09:20 on March 14, 2018, the Defendant respondeded to the crime that he reported by phone 112 at the Busan Gangseo-gu Police Station C police box located in Busan Gangseo-gu, Busan, to the fact that he reported a false report by phone 112, and committed assault, such as taking the lower part of D on the floor of hand, when he takes a bath at the police box where he was on duty at the police box where he was in the situation.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the situation service of police boxes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 112 A list of reported cases;

1. Application of investigation reports (including photographs, etc. interfering with the performance of public duties), photographs, and CCTV video-related Acts and subordinate statutes;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Type 1 (Interference with the performance of public duties and coercion of duties) in the basic area (from June to June) of the sentencing criteria (a person who has no special sentencing person).

2. Determination of sentence: (a) the crime of this case was committed by assaulting a police officer who performed official duties in uniform; (b) the nature of the crime is not good in that it interferes with the exercise of legitimate public authority that should be strictly executed; and (c) the defendant has been punished for violent crimes several times; and (d) the defendant has committed the crime of this case with favorable circumstances, such as recognizing that the defendant has committed the crime of this case, and taking into account the circumstances favorable to the defendant, such as: (a) taking into account the fact that the defendant has committed the crime of this case; and (b) taking account

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