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(영문) 부산지방법원 동부지원 2019.06.27 2019고단643
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On 2. 21:45 on 22. 2019, the Defendant spited F’s face, and spited F’s face and f’s work clothes, on 21:45, on the ground that: (a) the Defendant was under the influence of alcohol and sent a report of 112 that the Defendant was not under the influence of alcohol; (b) the circumstances E belonging to the Busan Southern Police Station D District; and (c) the border F is soliciting the Defendant to return home.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. Application of Acts and subordinate statutes to photographs of damaged parts and investigation reports (on-site CCTV images verification investigations);

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. Selection of imprisonment with prison labor chosen;

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

1. Although the error of the defendant in the reason for sentencing under Article 62-2 of the Criminal Act is not easy, the punishment as ordered is determined by considering all the conditions of sentencing, such as the defendant's age, environment, means and consequence (the degree of intimidation and violence) of the crime, circumstances after the crime, family relations, etc.

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