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(영문) 부산지방법원 2020.10.28 2020고단3192
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 11, 2016, the Defendant was sentenced to two years of imprisonment with prison labor at the Busan District Court for the crime of interference with business, which was sentenced to two years of suspension, and was sentenced to four months of imprisonment with prison labor for the crime of obstruction of performance of official duties at the same court on May 30, 2017, and the said sentence became final and conclusive on October 20, 2017, and the execution of the said sentence was terminated on April 29, 2018.

At around 15:10 on May 20, 2020, the Defendant was asked to adjust the street points and move the vehicle from E who is a public official belonging to the Busan Jin-gu Office D, who was dispatched to the above location due to a report of inconvenience by residents' passage while selling the freight vehicle illegally in front of the "C bank," located in Busan Jin-gu, Busan, and then stopped once on May 20, 202, and the Defendant was asked to move the vehicle to the above location. On the same day, the Defendant was under the control on one occasion, and the Defendant was under the control of the vehicle again upon receipt of the report, and the victim was under the control of the vehicle again, and the victim was “the febb feb feb feb feb feb feb feb feb feb feb feb feb feb feb f

Summary of Evidence

1. On-site photographs of the police in relation to the defendant's statement E, and voice recording CDs;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. One month to eight months from the date of imprisonment with prison labor for the area of mitigation [the area of recommendation and the scope of recommendation] (the area of repeated crime and the extent of violence and intimidation minor) according to the sentencing guidelines;

2. Determination of sentence: Imprisonment with prison labor for four months shall be inevitable for the defendant to punish a public official who controls his occupation and injury during the period of a repeated crime committed for the same kind of crime;

However, the defendant reflects the crime of this case, and the age, character and conduct of the defendant.

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