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(영문) 부산지방법원 서부지원 2018.07.24 2018고단542
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 28, 2018, the Defendant interfered with the performance of official duties, at a singing room located in Busan Shodong-gu, Busan, on the following occasions: (a) on January 28, 2018, the Defendant received a report from 112 and received a demand from the police officers belonging to the Busan Shodong Police Station D for calculating the drinking value from E, the police officer E, the background and F, the police officer G, the police officer, and the police officer to return home to Korea, and (b) the said police officer received a demand from the police officer who called up for the service to return home.

I do not do so;

Along with a great sound, a h's body was pushed by a h's body with a h's hand, and a h's h's h's h's h's h's h's h's h's h's h's h'

Accordingly, the Defendant interfered with the legitimate performance of duties by police officials concerning 112 reporting processing affairs.

2. The Defendant damaged the property of the victim by getting the victim I, who was installed in the corridor at the same time, at the same place as paragraph 1, to cut the telephone cable at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and H;

1. Each investigation report and report on the results of investigation;

1. Application of Acts and subordinate statutes, such as a report processing case list and a damaged telephone photograph;

1. Relevant Article 366 of the Criminal Act and Article 366 of the Criminal Act (the point of destroying property, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Category 1 (Interference with the Execution of Official Duties) (Interference with the Execution of Official Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor;

B. In the event that the actual damage is minor, the scope of the final sentence due to the increase in multiple crimes, where the mitigated area (i.e., January-6) (i., January-6) of Class 1 (i.e., damage to property, etc.) (ii) of the mitigated area (i.e., special mitigation) is minor: six months to September 2.

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