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(영문) 부산지방법원 2019.09.02 2019고단2504
공무집행방해등
Text

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

1. On February 5, 2019, at around 22:40, the Defendant insultd the victim by openly fluoring the victim in the “C” on the first floor located in the Busan Eastdong-gu B, Busan, with the report of 112, “C,” the victim E, a slope belonging to the D Zone D District of the Busan East Police Station, sent out to the site after receiving a report, and the victim E, who is a slope belonging to the D District of the Busan East Police Station, flusing out of the place of business, and flusing the victim, such as the owner of the plant and the customer, etc., of the flussium, “I will sing out of the place of business, flusium,” and flusing the victim.

2. On February 5, 2019, around 22:49, the Defendant: (a) expressed that, before the first floor of the building “C” as indicated in the foregoing paragraph (1), F, etc., of the Busan East Police Station D District wishing to have the Defendant genuine and hear the statement; (b) assaulted F, on the right drinking, on one occasion, the chest part of the Defendant’s chest.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases by police officials.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. A E-document;

1. Complaints of E preparation;

1. Application of Acts and subordinate statutes to photographs, such as site;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment for the crime

2. Of concurrent crimes, the number of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes of obstruction of performance of official duties and of insult):

3. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence.

1. The scope of punishment by law: Imprisonment for not less than one month but not more than six years;

2. Scope of recommending sentencing criteria: Imprisonment with prison labor for not less than six months but not more than one year and not more than ten months.

A. Basic crime: the crime of obstruction of performance of official duties (determination of punishment).

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