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(영문) 부산지방법원 2019.11.22 2019고단4927
공무집행방해
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 became final and conclusive.

Reasons

Punishment of the crime

On September 20, 2019, at around 01:35, the Defendant assaulted twice the above D’s left chest by hand on the ground that: (a) the slopeD belonging to the Busan Urban Police Station C District, the circumstances, and E, dispatched after receiving a report from the Defendant to the effect that “the noise of next house is too high” is not easily entering the Defendant’s horses.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of the imprisonment.

3. The sentence shall be determined as ordered, taking into consideration the various circumstances, such as the Defendant’s age, character and conduct, career, motive of the crime, and circumstances after the crime, that are the conditions of sentencing specified in the pleadings of this case, and are not good in light of the following: (a) a police officer in the course of performing the duties of a sentence; (b) a slope D wants the Defendant’s wife; and (c) a defendant’s wife was punished by a fine or more severe punishment

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