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(영문) 부산지방법원 2019.08.20 2019고단2648
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 26, 2019, around 21:3, the Defendant: (a) reported on the street in front of the traffic beginning of the pedestrian intersection in Busan East-gu, 1324; and (b) confirmed the personal information and the circumstances of the case against the Defendant under the influence of alcohol by the slope C belonging to the Busan East Police Station B Zone B, which was called the Defendant, and assaulted the chest part of the said C with the right hand floor of the said area one time.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and D

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties [Special Convicts]: Where the degree of violence, intimidation, and deceptive scheme is insignificant (the scope of the recommended area and the recommended sentence] mitigation area, and one month to eight months of imprisonment;

2. It is so decided as per Disposition by taking into account the fact that there is a history of punishment for the same kind of crime as the sentence is imposed, that there is a reflect on his mistake, the motive and background of the crime, and the degree of physical force of the used crime; and

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