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(영문) 부산지방법원 2020.10.15 2020고단3315
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

At around 15:05 on June 29, 2020, the Defendant: (a) reported on violence-related 112 in the neighboring street, and (b) reported by the police officer E, a police officer belonging to the Busan Youngdo Police Station D District Do Police Station, and (c) the police officer, who was dispatched to the Defendant, confirmed the details of the report to G, who was the reporter; and (b) was removed from the above E, while the Defendant took a bath, the Defendant was subject to the removal from the above E, and the Defendant was the police officer: (a) the Defendant was able to do so, such as math in the body of the Plaintiff, grods, gres, and sick, but the Defendant was able to do so; (b) the Defendant was able to do so, and (c) the Defendant was able to do the assault of the above E with his hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements concerning E and G;

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. Scope of applicable sentences under law: One to five years of imprisonment;

2. 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.

3. The decision of sentence is against the defendant, there is no record of being subject to criminal punishment several times due to violent crimes, but there is no record of obstructing performance of official duties, and there is no record of criminal punishment exceeding a fine after 1998, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc. shall be comprehensively taken into account the various sentencing conditions shown in the arguments of this case, including the defendant's age, character

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