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(영문) 부산지방법원 2019.09.30 2019고단4057
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 of the final judgment.

Reasons

Punishment of the crime

On July 8, 2019, around 21:30, the Defendant: (a) committed assault on the street of “C” in front of the main line of the trade name “C” located in Youngdo-gu, Busan; (b) when E, a police officer belonging to the Busan Youngdo Police Station, who was called by the Defendant after receiving a report of 112 that the property was damaged at the main line of the said main line, was used for returning home to the Defendant; and (c) on the above E, the Defendant: (a) took the bath to read “I am fritha,” “I am fritha, fritha, fritha, frithatha, frithatha, frithathath, fritha

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Article 62 (1) of the Criminal Act (The following circumstances specified in the grounds for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommendations according to the sentencing criteria: Imprisonment with prison labor for the basic area: From June to June; and

2. Determination of sentence: Imprisonment with prison labor for six months and suspension of execution for two years (in the light of the fact that the defendant inflicts damage on property at his main point, and assault and verbal abuse are continued to be committed against the police officer dispatched after receiving a report of 112, the nature of the crime shall not be less than that of the crime: Provided, That the defendant is against the crime of this case, there is no criminal record exceeding the fine, and other circumstances indicated in the records of this case, such as the defendant's age, character and behavior, family environment, motive and means of the crime, and circumstances after the crime, etc., shall be determined as per the order)

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