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(영문) 부산지방법원 서부지원 2018.08.10 2018고단441
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 02:55 on January 17, 2018, the Defendant: “A person who was a person” in front of D located in Busan Northern District C, upon receiving a report of 112, was requested by F to shoulder down and return home from F to a police officer belonging to the Busan Northern Police Station E District of the Busan Northern Police Station, who was called out after receiving a report of 112; “The head of this person’s home is a frighter, fright, and king, and the head of the home.”

"At the same time, I am a drinking to F, get off the creamer, get off the creamer, and shoulder the chest part and shoulder of F at one time.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 report handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. Where the degree of violence (one month to eight months) in the mitigation area (one month to eight months) is insignificant, which prevents the scope of the recommended punishment on the sentencing criteria from performing public duties;

2. In addition, considering the favorable circumstances, such as the fact that the offense of this case was committed under the influence of impeding the exercise of legitimate public authority by which the defendant should be strictly executed, and the fact that the defendant recognized the offense of this case and repented in depth, and that the defendant has no record of criminal punishment exceeding the fine, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions in the process of the record of this case and the changes thereof.

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