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(영문) 부산지방법원 2019.07.11 2019고단1585
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 20, 2019, at around 23:50, the Defendant: (a) sent to the Busan Jin-gu B, Busan; (b) 112, the Defendant: (c) sent the Defendant under the influence of alcohol to the vicinity of the Defendant’s residence in the Busan Jin-gu; and (d) sent the Defendant under the influence of alcohol to the patrol vehicle of the Busan Jin-gu, Police Station C District; and (d) the Defendant, who was under the influence of alcohol, was in the vicinity of the Defendant’s residence in the Busan Jin-gu; and (d) said D, saying, “I have come to go to the house,” and called, “I will come to go to the house,” with a cover of the rain, “I will do so, she will do so, she will do so.” In doing so, the Defendant scam the Dob, which was cited by the said D, and she could do so at one time after his head.

Accordingly, the defendant interfered with the handling of 112 reported cases by police officials and legitimate performance of duties concerning the protection of the lives and bodies of the people.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement of E and D;

1. Application of Acts and subordinate statutes to pictures of mountaine;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

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

1. Application of the sentencing criteria [Scope of Recommendation] The basic area (six months to one year and six months) of the obstruction of performance of official duties (the obstruction of performance of official duties and coercion of official duties) (the special person who has not been punished);

2. The Defendant’s decision of sentence, along with the police officer, sent to the Defendant’s house and escorted him to the Defendant’s house and used violence against the police officer who aided him. However, if the Defendant did not receive a fine of KRW 300,000 as a result of the violation of the Punishment of Violences, etc. Act in 192, the instant crime is being committed in prison, with the exception of being sentenced to a fine of KRW 300,000,000,000,000,000 won.

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