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(영문) 부산지방법원 2021.03.25 2020고단3276
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant, at around 11:00 on April 26, 2020, at the Defendant’s residence located in the 1st century-dong, Busan, Dongdong-gu, Busan, to set off the victim C (V, 61 years old) who is the owner of the foregoing housing that was not good as a matter of ordinary public charges, on the first floor to take out the military, and on the other hand, “this weather year, the same year, and the death.”

“Intimidating the victim”, the victim was threatened.

2. On April 26, 2020, at around 11:25, the Defendant interfered with the performance of official duties, the place described in the foregoing paragraph 1, and “the Defendant is too severe at the bottom” means: (a) the circumstances surrounding the Busan East Police Station D District, which was called upon by C’s 112 report, reported to the effect that E was on the Defendant’s Cho F and the Defendant’s emergency hospitalization at a mental hospital; (b) the Defendant attempted to display the F inf and attempted to stop, and “I wish to send this F to a mental hospital, I will only die, I will die, I will do so.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs damaged by C and F written statements;

1. Relevant Article 283(1) of the Criminal Act (the point of intimidation), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) of the Criminal Act, and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years;

2. Scope of the recommended sentences according to the sentencing criteria;

A. Group 1 Crimes (Interference with the Execution of Official Duties) / [Type 1] No interference with the performance of Official Duties / [No person subject to special sentencing] [the territory of recommendations and the scope of punishment] basic area, imprisonment with labor for six months to one year and six months;

B. No. 2 Crimes (Intimidation) [Determinations] No. 1 of the Act on the Punishment, etc. of Terrorism [Type 1] of the Act on the Punishment, etc. of Terrorism [No. 1] of the General Intimidation [Special Sentencing]]. The scope of recommendation and recommendation

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