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(영문) 부산지방법원 2020.01.30 2019고단5780
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

On October 24, 2019, at around 05:05, the Defendant reported 112 on the alleyway next to the branch of a company bank dong located in 1116, as the center of the Busan B zone in Busan, and sent a 112 report to the above C, who was asked of the details of the report from the police officer belonging to the Busan National Police Station B zone B zone in receipt of the said report and asked him of the said report from the above C, who was asked of the details of the report, “I am scar, but I am scar, and I am scar, I am scar, I am scar, I am scar, I am.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to a detailed statement for handling 112 reported cases);

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

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Where the sentencing criteria apply [Scope of recommending punishment] the category 1 (Obstruction of Performance of Official Duties and Compelling of Duties) in the mitigation area (one to eight months), (special mitigation persons), the degree of violence, intimidation, deceptive scheme, or obstruction of official duties is insignificant;

2. Sentencing as ordered in consideration of the Defendant’s age, health condition, etc., in a case where: (a) the Defendant made a confession of a crime and repents his mistake; (b) the degree of interference with the performance of official duties is minor; (c) there exists no record of criminal punishment except for a punishment twice due to drinking driving by 208; and (d) the Defendant’s conviction

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