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(영문) 부산지방법원 동부지원 2021.01.28 2020고단1963
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 18:45 on March 2, 2020, the Defendant: (a) 112 reported that he assaulted by any male-child-child c, Nam-gu apartment B apartment house in Busan, and (b) 112, which was called out, and requested the Defendant to leave the military after hearing the report from the person in charge of the report; (c) the Defendant did not move to the police officer while he was able to move out of the military; (d) the Defendant used the chest side of the above E, which he reported to go out of the military, on one hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statements made to E, F, G, and H of each police report No. 112, the photograph of a police officer affected by the instant report processing list, screen image caps, and the Acts and subordinate statutes governing video storage CDs;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the scope of the recommended punishment [the crimes interfering with the performance of official duties] [the Class 1] interference with the performance of official duties/no person subject to special sentencing] [the scope of the recommended punishment and the scope of the recommended punishment] basic area, there is no person who has been sentenced to special sentencing [the scope of the recommended punishment] from June to one year [the person subject to general sentencing] [the grounds for suspended sentence] - The grounds for general conviction are not serious reflections or criminal records of suspended sentence or

3. Determination of sentence: The sentence shall be determined as ordered by comprehensively taking into account the various sentencing conditions as set forth below six months of imprisonment and two years of suspended sentence, Defendant’s age, sexual conduct, environment, motive and circumstance of the instant crime, means and consequence of the instant crime, and all of the sentencing factors in the trial process, including the circumstances after the instant crime, etc.

The favorable sentencing conditions: the fact that the defendant seems to recognize and reflect the crime of this case, exceeds the fine.

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