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(영문) 부산지방법원 서부지원 2019.08.22 2019고단101
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four 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 January 1, 2019, at around 00:50, the Defendant: (a) received a report from the head of the Gu, which was located in the Da District Police Station D, Busan, which was dispatched by the Defendant, to the police officer affiliated with the D District Zone D, the Busan, which was called the Defendant’s friendship F, left away his body on his hand on the ground that he would notify the Defendant that he throw away his cigarette butts.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the receipt and handling of reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (field situations, etc.);

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

1. Scope of punishment by law: Not more than five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties [Type 1]/ the coercion of official duties [Special Convict]: Where the degree of violence, intimidation and deceptive scheme is insignificant (the scope of the recommended area and the recommended sentence] mitigation area, and one month or eight months of imprisonment.

3. Determination of sentence: Four months of imprisonment with prison labor, and one year of suspended sentence, the crime of this case by the defendant is not likely to obstruct the performance of duties by police officers.

The defendant acknowledges and reflects his criminal act.

Defendant is an initial offender who has no criminal record.

Police officer who has been under obstruction of performance of official duties does not want the punishment of the defendant.

The above defendant deposited KRW 500,000 to the police officer.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.

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