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(영문) 부산지방법원 서부지원 2019.02.12 2018고단2201
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above sentence shall be suspended for one year after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 27, 2018, at around 03:23, the Defendant: (a) received a report from the owner in front of the Cju shop located in Busan, the Defendant expressed a bath that the slope E (the age of 49) belonging to the D District District Unit of the Busan, the Busan, Police Station D District District of the Police Station called “spackers, spackers once” for the Defendant’s returning to the Republic of Korea; (b) assaulted the E’s bridge on two occasions; and (c) interfere with the police officer’s legitimate execution of duties concerning the handling of the 112 mobilization report.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to A by the police;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on the spot and of violence photo;

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

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

1. Type 1 (Obstruction of Performance of Official Duties and Compelling of Duties) of the basic area (six months to one year and six months) (special person) of the sentencing guidelines set forth in the sentencing guidelines;

2. The crime of this case, which was sentenced to punishment, committed by the Defendant on the ground that the Defendant was under the influence of alcohol by assaulting a police officer’s bridge, etc. and thus obstructing the police officer’s legitimate performance of official duties, is not somewhat weak, and the State’s legal order and order and eradicating the light of public authority need to be strictly punished for the crime of obstruction of performance of official duties.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and reflects the mistake, that the defendant would not repeat the same mistake again, that the defendant has no previous conviction except for the defendant who has been sentenced once as a violent crime, and that there is no previous conviction, the punishment as ordered in the Disposition shall be determined by comprehensively taking into account all the factors of punishment as shown in the arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and

It is so decided as per Disposition for the above reasons.

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