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(영문) 부산지방법원동부지원 2020.08.12 2020고단217
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 January 21, 2020, at around 01:14, the Defendant assaulted the chest part of the above E with the Defendant’s body, even though he was notified that he would not exercise violence from the above E, on two occasions, in the case of the police officer belonging to the D District Unit of the Busan Southern Police Station D District, who was dispatched to the above site after receiving a report of 112 that the Defendant abused a person living together.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes to a criminal investigation report (on-site situations, etc.), investigation report (to attach a bar police officer scamt);

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is as follows. It is not good that the police officers in the process of performing official duties are assaulted.

However, in comprehensive consideration of the following: (a) the defendant's acknowledgement of the crime and reflects the defendant; (b) there is no record of criminal punishment since 2002; (c) the degree of violence is not much serious; (d) the circumstances of the crime in this case; and (e) other circumstances revealed in the records and arguments of this case, the punishment shall be determined

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