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(영문) 부산지방법원 2021.02.18 2020고단4952
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

The Defendant, at around 23:10 on October 29, 2020, at the “Csing room” located in Busan Young-gu B, Busan Young-gu, and received a report of 112 on the existence of a trial room in the above singing room, and called the Busan Young-do Police Station D police box, to hear the fact of damage E by the police box belonging to the Busan Young-do Police Station D police station.

“I see why it is late”, “I see?

The term "I will interfere with the performance of official duties once now," and the term "I will see that I will see that I will see the left part of E in the past, I will see that I will see how I will inform E of the procedure for filing a complaint in the street outside the above singing room, and you will see that I will see that I will see that I will see how I will come to the end of this kind of single, I will come to the end of the inside."

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of reported case by E, who is a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on photographs taken on the left side of police officers E in the statement of the police about E;

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

1. A crime that interferes with the execution of official duties on the grounds of sentencing under Article 62(1) of the Criminal Act requires strict punishment as a crime that interferes with the performance of official duties by a public official, and meets the State’s public authority.

Under the influence of alcohol, the defendant assaulted a police officer who has handled the 112 reported case without any justifiable reason, and the responsibility for such crime is not less complicated.

However, considering the fact that the defendant has no criminal history exceeding the same criminal history or fine, the degree of violence is relatively not more severe, and the fact that the defendant is late against the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the defendant's age, sex, family environment, background of the crime, circumstances after the crime, etc., and all the conditions for sentencing as shown in the records and arguments of this case.

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