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(영문) 부산지방법원 2019.10.16 2019고단3659
공무집행방해
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 becomes final and conclusive.

Reasons

Punishment of the crime

On April 26, 2019, at around 02:45, the Defendant reported 112 on the front of the 2nd public security center located in the Busan, the Busan, the Busan, the Busan, the Busan, the Police Station B Zone B, who was a police officer belonging to the Busan, stated C’s bath to “Sicking, Sicking, Sicking,” who was arrested as a flagrant offender in the crime of obstruction of performance of official duties and taken the Defendant into custody at around 03:10 on the same day after he was arrested as a flagrant offender in the B zone located in the Busan, the Defendant told C, who was a police officer belonging to the Busan, in order to hear the case from the Defendant, and took the c’s face at the seat of the police officer.

As a result, the Defendant interfered with police officers' 112 reports and legitimate execution of duties on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C and E;

1. Application of Acts and subordinate statutes to a criminal report (CCTV image attachment);

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. 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: The decision is made as ordered by taking into account the following circumstances: The defendant was punished by a fine prior to 2005, the degree of assault in this case, the defendant committed a crime again after being brought into custody on the earth, taking into account his/her age, character and conduct, environment, motive and circumstances of the crime, and circumstances subsequent to the crime, etc.

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