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(영문) 부산지방법원 2019.03.26 2019고단228
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 December 23, 2018, at around 02:20, the Defendant: (a) received a report from 112, in front of the Seocho-gu 17, Busan, Seog-ro 69, Seogyeong-gu, Busan, and sent to C, who was called "I would have to be able to do so if I want," and (b) received one time the face of the victim.

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. Application of each police protocol of statement C to the Act

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 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. It is so decided as per Disposition in consideration of the following: (a) there was a history of punishment several times for obstruction of performance of official duties due to the determination of sentence; (b) motive and background of the crime; (c) method of the crime; and (d) the fact that

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