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(영문) 부산지방법원 2019.10.17 2019고단3668
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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:20 on July 7, 2019, the Defendant: (a) was under the influence of alcohol on the street in front of the “Criju station” located in Busan Jin-gu, Busan; (b) observed the scene of assault by one of the above citizens, and (c) observed the scene of assault by one of the aforementioned citizens; (d) called “Fins are snicks who are not snicked, snicked, snicked,” and (e) took a look at the right hand of the above E, who was demanded to return home from the said E.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases and the prevention and suppression of crimes by police officials.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement of E;

1. E statements;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes to investigative reports (Correction of place of crime and attachment of field photographs), and detailed statement of 112 reported cases processing reports;

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

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Where the sentencing criteria apply [Scope of recommending punishment] the category 1 (Obstruction of Performance of Official Duties and Compelling of Duties) in the mitigation area (one to eight months), (special mitigation persons), the degree of violence, intimidation, deceptive scheme, or obstruction of official duties is insignificant;

2. The sentence order is issued in consideration of the Defendant’s age, criminal records, etc. (in the event that the Defendant was sentenced to a fine of nine times due to the crime of destruction and damage of property), and the Defendant’s age, criminal records, etc. (in the event that the Defendant was sentenced to a fine of nine times due to the crime of destruction and damage of property).

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