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(영문) 부산지방법원 2020.05.06 2020고단132
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

At around 23:05 on December 10, 2019, the Defendant: (a) driven a patrol car (D) in front of the road located in the Busan Eastdong-gu, Busan; and (b) sent a warning to the head F of the police station E zone belonging to the Busan East Police Station E zone of the Busan East Police Station, which was called out after having been reported 112, sent the patrol car to him; (c) during the patrol car, the Defendant Dac and the head of the dog in front of the patrol car “I wish to put him in me,” and around that time, the Defendant Dac and the said F, who was in the process of 112 reporting at the vicinity of the above C road, used the me to read “Ig, this dog, path, spathic, spathic, and sick F’s clothes as his hand.”

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. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (verification of CCTV images adjacent to the publication site);

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. The scope of recommending punishment according to the sentencing guidelines [decision of types]; thief for general property] and there is no general larceny [type 2] (the scope of recommending area and recommending punishment] (the scope of recommending punishment]; and 6 months through 16 months;

2. The crime of this case committed against police officers performing official duties who are lawful in the determination of sentence, and exercising tangible power, shall be imposed only once, taking into account the following: (a) the nature of the crime is inferior; (b) the Defendant seriously reflects the nature of the crime; (c) the degree of power is difficult to deem that the Defendant is serious; and (d) there is no significant penalty force exceeding the fine once; and (c) the Defendant’s age, character and conduct, environment, circumstances after the crime, etc. is determined as ordered.

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