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(영문) 부산지방법원 서부지원 2019.10.17 2019고단377
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On December 29, 2018, at around 23:50 on December 29, 2018, the Defendant received a 112 report that the Defendant, who was under the influence of alcohol from the stairs connected to the entrance of a CN club located on the first floor of the 1st floor of the Busan High Military Police Station, interfered with his business, and requested him to return home from E and F.

While the Defendant refused to do so, and was seated on the above stairs, the Defendant she saw that F was f to withd the Defendant, and she f to f to drum, and she f to f to f to f to her left hand, and assaulted F to f to f to f to her right buck 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. The police statement concerning F;

1. 수사보고(목�자 및 CCTV 사진 첨부)

1. Application of Acts and subordinate statutes to each investigation report (referring to the F, E, hearing of statements by witnesses, and hearing of statements by witnesses);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of punishment by law: Not more than five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendations and recommendations] no person shall be subject to the coercion of official duties [the scope of recommendations and recommendations]. The basic area of recommendation, six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for six months, and two years of suspended sentence (unfavorable circumstances). The crime of this case is not likely to obstruct the execution of official duties by the defendant in the course of performing official duties in consideration of the police officer's breacing;

The defendant has been punished as a multiple violent crimes, including a crime of performing official duties.

【Ligue circumstances】 The Defendant acknowledges and reflects his criminal act.

People around the defendant want to be the front of the defendant.

The age, character and conduct of the defendant;

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