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(영문) 부산지방법원 2019.11.26 2019고단4320
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On September 7, 2019, at around 00:01, the Defendant assaulted “C” in front of the “C” located in the Busan East-gu, Busan, with the report of 112, and obstructed the police officer’s legitimate execution of duties concerning the notification of 112 mobilization, on the ground that the security guards belonging to the D District of the Busan East-gu Police Station D District called out after receiving the report of 112, where E wears himself.

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 for suspended sentence;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. 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. Determination of sentence is against the defendant, there is no record of punishment exceeding a fine since 2010, and the defendant's age, character and conduct, environment, motive and circumstances of the crime, and other various sentencing conditions shown in the pleadings of this case, including the circumstances after the crime, shall be determined as the order.

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