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(영문) 부산지방법원 2020.11.12 2020고단3617
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

Around 03:40 on August 3, 2020, the Defendant: (a) sent to police officers D and E with the desire to “I am under influence of alcohol,” “I am under the influence of alcohol,” who called “I am under the influence of alcohol, I am under the influence of a police officer D’s 3-4 packs, with the two mouths of the police officer D 3-4 packs, with the right shoulder, and assaulted the police officer E’s two bbucks, with the right arms 3-4 pucks, and with the right arms one time.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on crime prevention, public order maintenance, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of F’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspension of execution is that a crime of obstructing the performance of official duties is an offense that interferes with the legitimate performance of official duties and disturbs the national public authority.

Under the influence of alcohol, the Defendant assaulted police officers who saved the Defendant, thereby obstructing the performance of their duties, and the contents and intensity of the assault is not easy.

However, there are no criminal records against the defendant, and the defendant's late reflects against the defendant.

In addition, the defendant's age, character and conduct, family environment, motive, means and result of the crime, circumstances after the crime, etc., and all other circumstances constituting the conditions for sentencing as shown in the records and pleadings, shall be determined as ordered.

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