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(영문) 부산지방법원 2021.01.11 2020고단3298
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 26, 2020, the Defendant reported at “C” located in Busan Dong-gu, Busan, on July 26, 2020, and reported at “C,” 112, “I ambal,” and called “I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambal to the Defendant.”

”, “ 뭘 쳐 다보 노. 개새끼야.”, “ 씨 발 새끼 죽을래.

“Absing the 112 Report Processing Affairs by assaulting the said E’s shoulder with hand, such as cutting off the said E with a brush and drinking it, and assaulting a public official who performs legitimate duties concerning the handling of the reported case by a police officer.

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of Acts and subordinate statutes in which statements made by the police in relation to E are recorded;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's assertion and judgment of Defendant 2 under Article 62-2 of the Social Service Order Criminal Act asserted that the defendant had physical and mental weakness due to the depression and drinking at the time of the instant crime. Thus, according to the evidence duly adopted and examined by this court, the defendant did not recognize that the defendant had a yellow disorder at the time of the instant crime, but does not seem to have reached a state of lacking the ability to discern things or make decisions. Thus, the defendant's above assertion cannot be accepted.

Reasons for sentencing

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] the basic area of the recommended punishment [the scope of the recommended punishment] [the category 1] interference with the performance of official duties/the coercion [the scope of the recommended punishment and the scope of the recommended punishment], and imprisonment.

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