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(영문) 부산지방법원 2019.01.16 2018고단5299
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 September 16, 2018, the Defendant’s insultd the victim of the victim guard F, who was an employee of the singing room, before “C” located in the Busan Eastdong-gu, Busan, upon receiving the report of D’s 112, was asked to disclose his/her personal information, and the victim’s staff F, who was an employee of the Busan East Police Station E box, dispatched to the site upon receipt of the report of D’s 112, was refused. In view of D and its location, the Defendant publicly insulting the victim by saying, “I am, I am? I am? I am? I am? I am? I am? I am? I am? I am? I am? I am? I am? I am? I am? I am? I am? I am you am

2. The Defendant, at the time, and at the place specified in Paragraph 1, committed assault against F, “I am unable to take a bath any more or more, after you are informed of personal information only,” and assaulted F at the right hand floor of F at one time.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes on police statements made to F and D;

1. Relevant Article of the Criminal Act and Articles 311 and 136 (1) of the Criminal Act concerning the choice of punishment;

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

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered as the reasons for sentencing):

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] The sentencing guidelines do not exist with respect to the crime of insult of the basic area (six months to four months) of the obstruction of performance of official duties. [Determination of sentence] There are several criminal records of violence committed by the Defendant, and under the influence of alcohol, the crime of insult and assault of the police officer who worn a uniform without justifiable grounds is likely to be committed.

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