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(영문) 부산지방법원 서부지원 2019.02.15 2018고단1956
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. On June 27, 2018, the Defendant: (a) 21:00 on the front side of the Gu of Busan, and received a report from E (33 years old) from the police officer E (33 years old) belonging to the police station D District of the Hean Police Station called “Ipson Do, Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had, Had Had Had Had Had Had Had Had Had

Accordingly, the Defendant assaulted E and interfered with the legitimate performance of duties by police officers concerning the handling of 112 reported cases.

2. The Defendant made a public insult of the victim E by referring to the victim E as “I am, I am, I am, I am, I am, I am, I am, I am in accordance with the same manner and method” at the same time and place as in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint filed by E;

1. Each investigation report (on-site situations and confirmation of video images);

1. Application of each statute on photographs;

1. Relevant Articles 136(1) and 311 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

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

1. The scope of the balancing of recommendations according to the sentencing guidelines falls under the basic area of the crimes of obstruction of the performance of official duties (6 months to 1 year and 6 months) among the first category of obstruction of the performance of official duties.

- The offense of insult of this case, which has no special person: the sentencing criteria are not set.

Only the lower limit of the sentence for the above recommendation (at least six months for imprisonment) shall be observed according to the processing standards when the crimes for which the sentencing criteria are set and those for which the sentencing criteria are not set are mutually concurrent crimes.

2. The defendant who was sentenced to sentence made a confession of each of the crimes of this case and depth his mistake;

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