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(영문) 부산지방법원 2019.06.12 2019고단1655
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 of the final judgment.

Reasons

Punishment of the crime

On March 27, 2019, at around 23:28, the Defendant: (a) filed a 112 report that “C” located on the first floor of Busan Dongdong-gu B; and (b) confirmed whether the circumstances belonging to the Busan Dong-dong Police Station D District was in cash possession; and (c) assaulted the right chest of the said E on one occasion.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared by the F;

1. Application of the Acts and subordinate statutes to photograph CCTVs;

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 (The following circumstances specified in the grounds for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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] [Article 1] The obstruction of the performance of official duties/performance of duties (the scope of the recommended area and the recommended punishment], the basic area of the recommendation [the scope of the recommended area and the recommended punishment], six months to one year and six months.

3. Determination of sentence: Six months of imprisonment with prison labor and two years of suspended sentence (the sentence shall be determined as ordered, taking into account the following circumstances: the defendant's age, character and conduct, family environment, motive and means of crime, and circumstances of sentencing specified in the records of this case, including the following circumstances: The defendant's age, character and conduct, family environment, motive and means of crime, etc.:

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