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(영문) 부산지방법원 2019.07.25 2019고단1841
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 April 12, 2019, at around 21:00, the Defendant requested payment of the drinking value by E, etc. of the police box belonging to the Busan Youngdo Police Station D that called “C” at the main point of “C” located in the Busan Youngdo, Busan, upon receiving a report of 112 that “the loss will not be calculated.” However, the Defendant refused to comply with the foregoing E, etc. while taking a bath for a significant sound under the influence of alcohol. The Defendant was arrested as a flagrant offender in fraud and was transferred to the D police box located in F of the Busan Youngdo, Busan.

On April 12, 2019, the Defendant, at around 22:10, on the back of the patrol box, boarded on the back of the patrol box, and served on the above E while being escorted to the Youngdo Police Station located in the Taedo Police Station located in the 46th Tae-ro, Busan, Young-gu, Busan, for the refusal of the request to "....." However, the Defendant attempted to go to go to the left arms of the above E, and assault the face face of the above E one time by drinking.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression, and investigation of police officials.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement concerning E and G;

1. Each statement of G and H;

1. Each report on investigation;

1. Blus and photographs of 112 patrols, and 112 reported data processing devices;

1. Application of the receipt statute

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. Application of the sentencing criteria [Scope of Recommendation] The basic area (six months to one year and six months) of the obstruction of performance of official duties (the obstruction of performance of official duties and coercion of official duties) (the special person who has not been punished);

2. It is necessary to take a strict measure as to the use of violence against a police officer called out after receiving a report that the defendant's decision on the sentence was in the form of a misappropriation. However, it is necessary to make a confession of all the crimes and repent his mistake in depth, the defendant received a letter from the damaged police officer in 190 and 194.

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