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(영문) 부산지방법원 2021.02.05 2020고단4550
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 7, 2020, the Defendant, at around 02:10, 101, sent in front of the viewing of Busan City, as the center of the Busan So-gu, 1001. On the front of the viewing of the Defendant, the Defendant, upon receiving a report of 112, sent the Defendant a warning to go home from C in the circumstances belonging to the Busan So-gu Police Station B, the Defendant: (a) sent to C, “I must do so”; and (b) assault C’s writing to a knife once by hand.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Application of the police statement protocol statutes to the defendant's legal statement C

1. Relevant legal provisions regarding criminal facts, Article 136(1) of the Criminal Act regarding the selection of punishment, Article 62(1) of the Criminal Act on the suspension of the sentence of imprisonment with prison labor interferes with the legitimate execution of duties by police officers for the reason of sentencing. The nature of the crime is not good, crime history, assault degree, C’s appeal against the Defendant’s wife, and other factors such as the Defendant’s age, sex behavior, environment, background of the crime, circumstances after the crime, etc., shall be considered in light of the sentencing conditions indicated in the records and arguments of this case, and the sentence shall be determined as ordered.

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