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(영문) 부산지방법원 2019.05.08 2019고단379
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

1. Around January 8, 2019, the Defendant: (a) committed assault on the part of “C” located in the Busan Eastdong-gu, Busan, on the ground that the victim D (the age of 43) changed himself/herself on the part of “C; and (b) committed assault on the part of “C” on the part of the victim’s son.

2. On January 8, 2019, around 01:50, the Defendant received 112 report from the head of the police station belonging to the Busan Dong-dong Police Station G District, to the effect that “Negggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggs in Busan Dong-gu, Busan, to the effect that “Nggggggg

The Defendant continued to have been called up with the above H at one time, at the time, the site of the penalty that fell from the above floor was set forth in the Presidential Decree, the Bail Day.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reported cases and notification disposition.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D and I;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of imprisonment for a crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of the Suspension of Performance of Official Duties) / [Article 1] No person who has the obstruction of performance of official duties [Article 1] [Article 1] [Scope of Recommendation and Recommendation] Basic Field, 6 months to 1 year and 6 months of imprisonment

(b) Class 2 crime (determination of types of violence) and violent crime [Type 1] general assault [Special B] mitigation elements: Cases where the degree of assault is minor (type 1, 6, and 7): mitigated area (the scope of recommending area and recommendation range), imprisonment with prison labor for one month to eight months;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment;

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