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(영문) 부산지방법원 2014.11.12 2014고단5444
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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 June 18, 2014, at around 01:41, the Defendant reported a false report to the police officer that “if a person who was absent, intrudes upon his house” by drinking alcohol at the Defendant’s house located on the second floor of the Busan House C, and received the said report, and received notification from the police officer, who was a police officer of the Busan House D Zone D District Police Station, called “if a person was called for sprinke, knife, knife, knife, knife, knife, knife, knife,” and obstructed the police officer’s legitimate performance of duties concerning the handling of the report of 112 cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] There is no basic area (6 months to one year and four months) of the obstruction of performance of official duties (special person] [Determination of sentence] The defendant shows an attitude of misleading and opposing the defendant; the police officer in charge wants the defendant's wife; the police officer in charge has no criminal records exceeding the same kind and fine; etc.

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