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(영문) 부산지방법원 서부지원 2019.10.24 2019고단130
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

On December 20, 2018, the Defendant: (a) 01:00, the Defendant, who was under the influence of alcohol in front of the city of the Busan, was a taxi engineer and the 112 report in front of the city of the Busan, and was dispatched to the 1112 report; (b) the Defendant, who was in the middle of the city of the Busan, the Gyeong Police Station C District of the Busan, would have been able to make a statement by listening to the statement of the taxi engineer; and (c) subsequently, the Defendant committed assault, such as making the body of the two arms D and driving the d's bridge.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases due to violence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Investigation report (on the spot conditions, etc.);

1. Application of Acts and subordinate statutes to a report on investigation (investigation of video data analysis of black boxes);

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;

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

1. Scope of punishment by law: Not more than five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the punishment of imprisonment] the obstruction of performance of official duties [the category 1]/ the coercion of official duties [the scope of the recommended area and the punishment of recommendation] basic area, six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for eight months and suspended execution for the crime of this case for two years, it is not good that the defendant interfered with the performance of official duties by assaulting a police officer;

In order to establish the law and order of the state and eradicate the light of the public authority, it is necessary to strictize the crimes of obstruction of performance of official duties.

The defendant acknowledges and reflects his criminal act.

The defendant has no power to be punished heavier than a fine.

Defendant has no record of punishment for the same kind of crime.

In addition, various sentencing conditions under Article 51 of the Criminal Act, such as the age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes in this case, and circumstances after the crime, shall be comprehensively considered.

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