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(영문) 부산지방법원 2019.09.23 2019고단3314
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 7, 2019, at around 00:25, the Defendant, upon receiving a report from 112, committed assault against the Defendant, who was a policeman belonging to the Busan Coastal Police Station C Zone C, who was under the influence of alcohol and who was under the influence of alcohol, and was able to walk the left left part of the said D.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases by police officials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs of each victim;

1. Investigation report (attaching photographs of the body part of the victim);

1. Application of Acts and subordinate statutes to the investigation report (fire fighter E);

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

2. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence.

1. The scope of applicable sentences by law: Imprisonment with prison labor for not more than five years;

2. Scope of recommendations according to the sentencing criteria: From six months to one year and six months (decision of type): The obstruction of the performance of official duties [Article 1] the obstruction of the performance of official duties [Article 1]/ the coercion of official duties [Article 1] [Scope of recommendations and recommendations] basic area: Imprisonment with labor for six months to one year and six months.

3. A crime that interferes with the performance of official duties by a police officer of a sentence requires strict punishment even in order to establish a state’s legal order and eradicate the light of public authority.

The defendant has been punished as a suspended sentence for the same crime.

However, the defendant seems to have led to confession and reflect on the crime of this case.

At the time of the instant case, the instant crime seems to have been committed in a contingency in a state of inconvenience, such as breathing and gathering.

The defendant's like power is about 10 years before about 10 years.

In addition, the defendant's age, character and conduct, intelligence and environment, relationship to the victim, motive, means and result of the crime, and before and after the crime is committed.

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