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(영문) 부산지방법원 서부지원 2019.07.04 2018고단2233
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. On September 20, 2018, the Defendant assaulted the victim’s right face by one time on the ground that the victim D (30 years of age) who is an employee was unleeped by his/her left hand, at a convenience store located in Busan Yagu, Busan Yaba-gu B, and that he/she was able to take the part of the victim’s right face.

2. On September 20, 2018, the Defendant: (a) around 01:25, at the convenience store located in the Busan Summer-gu, Busan, the Defendant: (b) 01:25, sent to the site by D’s 112 report; (c) the police officer belonging to the Busan Summer Police Station E District Unit called the Defendant as “sprinking” to ask the Defendant for the circumstances of the instant case; (d) took a bath; and (e) took a f’s chest by hand.

Accordingly, F arrested the Defendant as a flagrant offender, and shouldered the left side of F. F.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases due to violence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigation reports (on-site CCTV verification, etc.);

1. Relevant Article 136(1) of the Criminal Act and Article 260(1) of the Criminal Act (the point of obstructing performance of official duties and the choice of imprisonment), the choice of punishment for the crime (the point of assault and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

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: Imprisonment with prison labor for not more than seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment of Obstruction of Performance of Official Duties) (Crime 1) : Obstruction of Performance of Official Duties (Type 1) / Forced Performance of Official Duties (Scope of Recommendation and Recommendation) basic area, six months to one year and six months;

(b) Class 2 crime (determination of types of assault) and violent crime [Class 1] general assault [Special Punishment] mitigation element: Where the degree of assault is minor (in the area of recommendation and recommendation range] mitigation element, imprisonment shall be mitigated.

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