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(영문) 부산지방법원 서부지원 2019.03.27 2018고단2178
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On May 12, 2017, the Defendant was sentenced to 4 months of imprisonment with labor and 2 years of suspended execution at the Busan District Court for the crime of interference with business, and the said judgment became final and conclusive on June 16, 2017.

1. On October 13, 2018, around 05:10 on the front side of C in Busan Northern District, the Defendant: (a) expressed that “the Defendant frighted a drunk horse while drunk” was sent to the scene by an employee’s emergency bell report of the convenience store in Busan Northern Police Station D District Unit (50 years old) sent to the site by the convenience store employee’s emergency bell report; (b) expressed the Defendant’s desire to “Ise few few few few few few few few few few few few few few few few few few few f

2. On October 17, 2018, at around 04:45, the Defendant obstructed the police officer’s legitimate execution of duties concerning the handling of 112 reported cases in front of GJ located in Busan Northern-gu, where “the Defendant fright to a drunk fright,” who was dispatched to the site after receiving a report, and the security guards H (53 years old) belonging to the Busan Northern Police Station D District Police Station D branch called “FK fright fright to come home,” and the Defendant fright to come home to the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and H (victim);

1. 112 Reporting case handling table;

1. Previous convictions: Criminal records and criminal investigation reports (the facts during the period of suspension of execution of sentence) and Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Grounds for sentencing of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes with concurrent crimes stipulated in the obstruction of performance of official duties as of October 17, 2018), among concurrent crimes;

1. The scope of punishment by law: Imprisonment for one to seven years;

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

A. Obstruction of performance of official duties (determination of the type of obstruction of performance of official duties)

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