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(영문) 부산지방법원 2019.04.30 2019고단659
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 December 20, 2018, the Defendant, at around 18:30, 2018, experienced a traffic accident case in front of the Busan Youngdo, without any reason, and committed assaulting the part of the above D on one occasion, to D, who is in the position of the Busan Do Police Station C District of the Busan Do Police Station, where the traffic accident case was handled. The Defendant: (a) stated that, “I will see that I will die if I immediately know the same bit of a bitch; (b) I will see that I will die immediately; and (c) carried the bits into the road, and (d) tried the part of the above D with his hand when I pushed the said D and drink it once.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of the lives, bodies, and property of police officials.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

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. The sentence shall be determined as ordered in consideration of all the circumstances, including the following: (a) the defendant, who was sentenced to a sentence of punishment, finds him/her from his/her appearance to his/her majority of times after he/she was sentenced to punishment; (b) the degree of obstruction of performance of official duties is not serious; (c) the social relationship of the defendant is obvious; (d) the defendant has no record of criminal punishment for ten years; and (e) the health status of the defendant and his/her spouse is not good.

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