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(영문) 부산지방법원 2019.08.13 2019고단2717
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 became final and conclusive.

Reasons

Punishment of the crime

On May 24, 2019, around 16:45, the Defendant: (a) committed an assault on the left side of the said D on the following grounds: (b) on the street of the C District located in Busan B, along with daily activities; (c) on the ground that the Defendant was notified of the violation of the Punishment of Minor Offenses Act, by putting the entrance of the said D, such as spiting the nature of drinking, spiting the nature of drinking water, etc.; and (d) on the ground that he was subject to the notification from the head of the border belonging to the said district; and (e) on the ground that he was

As a result, the defendant interfered with legitimate execution of duties concerning the prevention, suppression, and notification disposition of police officials.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months;

2. Determination of sentence is against the defendant, and there is no record of punishment heavier than the suspension of execution, and the defendant's age, character and conduct, environment, motive and circumstances of the crime, and circumstances after the crime are committed shall be determined as ordered by taking into account various sentencing conditions as shown in the arguments in this case.

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