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(영문) 부산지방법원 2019.05.16 2019고단611
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

On November 30, 2018, at the main point of “C” located in the Busan Dongdong-gu, Busan, on November 30, 2018, the Defendant: (a) identified the circumstances of the instant case by the Busan Dong Police Station D District E; and (b) tried to arrest the Defendant as a flagrant offender in the crime of assault, the Defendant assaulted the Defendant’s parts of the said F, such as the said F, on one occasion, with his knife and her knife at one time, and assaulted the Defendant’s knife of the face of the said E with his knife and knife his knife with his knife.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement concerning E and F;

1. A report on internal investigation (related CCTV verification);

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Application of the sentencing criteria [Scope of Recommendation] The basic area (six months to one year and six months) of the obstruction of performance of official duties (the obstruction of performance of official duties and coercion of official duties) (the special person who has not been punished);

2. As the defendant's decision-making of sentence was sent out from the main place to the police station, it obstructed the police officer's performance of official duties in his mind that he is the victim, the entire confession of the crime and the depth of his mistake is divided, the degree of obstruction of performance of official duties cannot be deemed to be serious, and the punishment is imposed as ordered in consideration of the defendant's age, health condition, criminal records (including the records of eight times punishment by fine) etc.

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