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(영문) 부산지방법원서부지원 2020.11.12 2020고단928
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

At around 02:40 on March 26, 2020, the Defendant: (a) on the road front of the hospital located in the north-gu in Busan Metropolitan City, where B taxi was going through the direction of the Busan Metropolitan City and was under the influence of the Busan Metropolitan City, and was under the influence of alcohol, the Defendant breadddddd the police officer on the ground that the taxi was divingd from the back seat of the taxi and that the 112 reported and sent to the police officer after receiving the 112 report, the Defendant bruddddd and f and the bridge G was broken his own.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A H statement;

1. A copy of the working log in the E-district;

1. Application of Acts and subordinate statutes to each investigation report (Evidence List 5, 6);

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant assaulted a police officer in the course of performing official duties.

Even in 2015, the defendant has been sentenced to six months of imprisonment for the obstruction of performance of official duties and two years of suspended execution.

The defendant recognizes his own crime.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.

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