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(영문) 부산지방법원 2020.05.22 2020고단802
공무집행방해등
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

1. Around 00:05 on February 1, 2020, the Defendant, in front of the Busan Young-gu apartment guard room, 200: (a) was under the influence of alcohol and was informed of the victim D, who was the circumstances leading to the Busan Do Police Station C commander of the Busan Do Police Station, sent out to the site after receiving a report of 112 from the victim D; (b) while the said apartment security guard, E, and the aforesaid apartment secretary F, etc. are under the supervision of the victim, the Defendant publicly insultingd the victim by publicly fluoring the victim “Is the police, Is the fact that Is the fri, Is, reported, or returned, Is the fact that Is, reported, or returned, Is the fact that I do not go back.”

2. Around 01:10 on February 1, 2020, the Defendant: (a) arrested a flagrant offender for committing a crime specified in paragraph (1); and (b) was transferred to a police box located in the Busan Young-gu G, Busan; (c) the police box, who was the guard of the above police box, assaulted the Defendant on the part of the clothes of the above H one time to remove the Defendant’s locks; and (d) continuously led the Defendant to the police box.

Accordingly, the Defendant interfered with the legitimate execution of duties for the situation service of the police box at the above H, which is a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and H;

1. Each statement of E and F;

1. Application of D’s Acts and subordinate statutes on the complaint;

1. Relevant provisions of the Criminal Act, Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively, with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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: One to six years of imprisonment;

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

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Class 2 crimes (definite);

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