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(영문) 부산지방법원 2019.05.23 2019고단827
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 10, 2019, at around 04:05, the Defendant filed 112 reports on the drinking value arising from the singing room in Busan Jin-gu B, Busan, on the ground that the circumstances surrounding the said area D et al. did not properly interfere with the disposition of the instant case, and the Defendant committed assault to the said D et al., on the ground that he did not bring about the instant case to the left hand.

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. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. A complaint filed in D;

1. Investigation report (case, such as disturbance for cancellation of the owner of a government office);

1. Application of the Acts and subordinate statutes to a closure photograph, such as a investigative report (Investigation ofCCTV images, etc.) and CCTV images;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

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

1. Where the sentencing criteria apply [Scope of recommending punishment] the category 1 (Obstruction of Performance of Official Duties and Compelling of Duties) in the mitigation area (one to eight months), (special mitigation persons), the degree of violence, intimidation, deceptive scheme, or obstruction of official duties is insignificant;

2. Although the defendant's decision of sentence does not properly reflect the police officer's performance of official duties, the degree of interference with official duties can be deemed to be relatively minor, there is no criminal power in the same case, and the sentencing is ordered like the order in consideration of the circumstances of the crime, the defendant's age, occupation, etc.

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