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(영문) 부산지방법원 2018.06.22 2018고단103
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 November 13, 2017, 20:30 around 20:30, the Defendant sent to the 112 report that there was an assault case in the instant business establishment in front of the “D Age” (hereinafter “instant business establishment”) located in the Busan East-gu, Busan-gu, the Defendant sent to the police officer, etc. of the circumstances F (hereinafter “F circumstances”) belonging to the E District in the same police station, which was called out after receiving a report from the 112.

“In addition, F et al., they enter the instant business establishment to deal with the reported case 112 reported by the F et al., following them, and see “in the case of a police officer”.

“Catching the test cost,” and balping the Febbial of the F details.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the F details;

1. Application of the investigation report (2) Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the option of punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of the recommended sentence] The basic area of sentencing (six months to one year and six months) (the decision of sentencing) [the decision of sentencing] according to the sentencing guidelines, the defendant does not have the same criminal records as that of obstructing the performance of official duties, but has many criminal records including the same criminal records of violence, on the other hand, the degree of violence has not been serious enough, and Article 51 of the Criminal Act has not been taken into account.

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