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(영문) 부산지방법원 2020.09.09 2020고단2440
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

Around 23:20 on January 25, 2020, the Defendant: (a) requested the head of the Dong-gu Police Station C District District, who was dispatched to the site after receiving a report of 112 from the 119 emergency response that “the Defendant’s child was removed from the stairs,” to the head of the Dong-gu Police Station C District, who was dispatched to the site, and moved to the site, reported the situation to the effect that the Defendant’s child was “the Defendant is fine” to the general situation room of the Dong-gu Police Station; (b) without properly verifying the status of the Defendant’s child, and (c) reported the situation to the effect that the Defendant’s child was “nick, that the Defendant’s child was not immediately sentenced, but was required to leave the patrol car.”

In addition, the Defendant: (a) confirmed the name, position, etc. of the said D; (b) obstructed the passage of the patrol vehicle for about 10 minutes, by assaulting the said D’s police force; and (c) continuously stopping the said D, etc. on the right side of the defective patrol vehicle to board the patrol vehicle in order to convert the said D, etc. into basic duties, such as patrol; and (d) continuously stopping the departure of the patrol vehicle; and (c) even though the said D, etc. issued several warnings to the effect that it would interfere with the operation of the patrol vehicle, the Defendant obstructed the passage of the patrol vehicle for about 10 minutes by smoking tobacco as expected at the patrol vehicle, and interfering with the passage of the patrol vehicle.

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

Summary of Evidence

1. Statement of the police concerning D's legal statement of the defendant;

1. Application of the Acts and subordinate statutes governing investigation reports (on-site conditions, etc.), field filming video CDs;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. The defendant's reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the same.

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