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(영문) 부산지방법원 2020.02.03 2019고단5369
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On June 21, 2017, the Defendant was sentenced to 10 months of imprisonment with prison labor for obstruction of performance of official duties, etc. at the Busan District Court on June 29, 2017, which became final and conclusive on June 29, 2017, and was released from Busan Detention Center on May 2, 2018 during the execution of the sentence, and the parole period passed on June 25, 2018.

【Criminal Facts】

1. On November 2, 2019, while under the influence of alcohol around 21:15, the Defendant: (a) was under the influence of alcohol in Busan-gu, Busan-gu, for the first floor of “Durel” operated by the victim C; (b) took a bath without any reason; (c) went up to 6th floor despite the victim’s restraint; and (d) took off the entrance door of the above Mour E room so as to make it difficult to set off and repair the 200,000 won, so far as the repair cost is difficult.

2. On November 2, 2019, the Defendant expressed that, at around 21:35 on November 2, 2019, the head of the Singu Police Station, the head of the police station affiliated with the Busan, who was called out after receiving a report of 112, “the head of the Singu Police Station failure”, “the head of the Singu Police Station failure,” “the head of the Singu Police Station failure,” “the head of the Singu Police Station,” and carried the Defendant’s head of the Singu Police Station’s breast part of the Gu’s chest.

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. Each police statement concerning C and G;

1. CCTV-cap photographs;

1. On-site photographs, CCTV images caps, CCTV CDs;

1. A criminal investigation report (to be accompanied byCCTV photographs, the entrance photographs damaged, and video CDs);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of criminal records against violent crimes - repeated crimes, and disqualified from suspension of execution) and statutes;

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment for the crime;

2. Article 35 of the Criminal Act among repeated crimes;

3. Reasons for sentencing of concurrent crimes under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for the crimes of obstruction of performance of official duties heavier than punishment).

1. The scope of punishment by law: fifteen years;

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