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(영문) 부산지방법원 2018.04.26 2018고단465
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

around 03:04 on October 19, 2017, the Defendant committed assault, such as: (a) At the C main station located in Busan Young-gu, Busan, about 03:04; (b) the police station assigned the D police box called up after receiving a report of 112 while working for the issue of the business owner and drinking value; (c) the police station E, the police officer F, and the head of the police station, listen to the call of the business owner; and (d) the head of the police station, and (c) the chest of the above E once.

As such, the Defendant interfered with a police officer’s legitimate execution of duties concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of each of the Acts and subordinate statutes to the defendant and G

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment for the crime (elective of imprisonment);

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] Article 62(1) of the Criminal Act where the degree of interference with the execution of official duties is minor (one month to eight months) in the mitigation area (i.e., assault, intimidation, deceptive scheme, or obstruction of official duties] [decision of sentence], although there are the records of the defendant, there are no other special forces except for about ten years ago, and the degree of interference with the execution of official duties is relatively less and less light, and there appears to be an investigation agency to recognize and reflect the fact of the crime in this case, and other circumstances, such as the background, method and method of the crime in this case, circumstance after the crime, defendant's age, sexual behavior, environment, etc., and the conditions for sentencing under Article 51 of the Criminal Act as shown in the records and arguments in this case, shall be determined as the sentence as per the Disposition.

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