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(영문) 부산지방법원 2019.07.18 2019고단2250
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 April 16, 2019, at around 22:55, the Defendant, at around 22:55 on April 16, 2019, sold the right side of the said D as a hand, when D was dispatched to the site after receiving a report from 112 that “Island drink drinking and fright inside the house, and her mother speaks her father.”

The Defendant committed a dangerous act against his wife, and the policeman E belonging to the same Zone as the above D saw the Defendant as his hand, followed the parts of the above D as his hand, and took two to three times the parts of the right part of the above E as his hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officials on the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of Acts and subordinate statutes to CDs and investigative reports (camp Viewing and viewing video works);

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. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is against the defendant, and the degree of interference with official business is relatively small, and there is no record of criminal punishment except that the defendant has been punished once by a fine due to drinking alcohol driving on 2004, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc. are considered as a whole, and the punishment as set forth in the text of this case shall be determined in light of various sentencing conditions

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