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(영문) 부산지방법원 2020.08.20 2020고단2448
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than five 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

At around 22:40 on June 8, 2020, the Defendant: (a) on the main point of “Cjuk” located in the Busan B third floor; and (b) on the part of “Cjuk,” the Defendant reported 112 and solicited the Defendant to return home from E in the circumstances belonging to the D District of the Busan Police Station D District of the Busan Police Station, which called “Cjuk,” “I am out, I am out, I am out, I am out, I am out, I am out, I am out, I am back, I am out, I am back, I am, but I am only if I am.”

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 Acts and subordinate statutes concerning police statements to E;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of the recommended area and the punishment of recommendation], the basic area of the recommendation [the scope of the recommendation area and the punishment of recommendation], six months to one year and six months;

2. Determination of sentence is against the defendant, there is no previous conviction exceeding a fine, and the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime were committed, and the punishment is determined as ordered by taking into account various sentencing conditions as shown in the arguments in this case.

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