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(영문) 부산지방법원 동부지원 2020.06.12 2019고단1369
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around 03:30 on August 25, 2017, the Defendant: (a) received 112 report to the effect that “The Defendant was assaulted from her son-gu; (b)” in front of the C convenience store located in Busan Shipping Daegu B; and (c) the circumstances surrounding the D Zone of the Korea Shipping Police Station, sent out, after having received the said report, carried the Defendant at the back seat of the patrol vehicle in order to separate the F of the said report; (d) took the same attitude that the Defendant was able to take the front of the above circumstances E, obstructed the front of the patrol vehicle; and (e) took the process that the Defendant was unable to close the doors of the patrol vehicle; and (e) the Defendant was asked to the F, who was seated at the patrol vehicle following the patrol to ask the Defendant of the report on the contents of the report, and the Defendant assaulted the said E’s chest as the floor of the patrol vehicle.

Accordingly, the defendant interfered with the police officer's legitimate performance of official duties concerning investigation of crimes and prevention of crimes under 112 reports.

Summary of Evidence

1. Each police statement of E and G;

1. Application of the Act and subordinate statutes to investigation reports (ROM attachment);

1. The relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

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

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] There is no obstruction of performance of official duties or coercion of official duties (special person] (the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months of imprisonment.

3. Determination of sentence: Six months of imprisonment;

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