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(영문) 부산지방법원 2020.04.28 2019고단6056
공무집행방해
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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 becomes final and conclusive.

Reasons

Punishment of the crime

On November 24, 2019, around 00:30 on November 24, 2019, the Defendant: (a) committed an assault, such as assaulting the Defendant, who was called “Feasia,” and called “Feasia,” and “Feasia, fasia, fasia, fasia, fasia, fasia, fasia, fasia, fasia, fasia, fasia, fasia, fasia, fasia, fasia, fasia, fasia, fasia, fasia, f

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement of the police statement of E;

1. Application of video CD-related Acts and subordinate statutes

1. Relevant Article of the Criminal Act concerning the facts constituting an offense and Article 136(1) of the Criminal Act concerning the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months;

2. Circumstances unfavorable to the decision of sentence: The defendant committed the crime of this case even though he had been punished by a fine of KRW 1.5 million due to the obstruction of performance of official duties, etc. on around 2013; circumstances favorable to the defendant's use of violence: The defendant is against himself; there is no penalty force exceeding the fine; and there is no social ties relation clearly; etc., the above circumstances and the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc. shall be determined as ordered by taking into account all the sentencing factors shown in the arguments of this case

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