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(영문) 부산지방법원 2018.08.21 2018고단2840
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] On May 18, 2016, the Defendant was sentenced to imprisonment for one year at the Busan District Court on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence at the Busan Detention Center on December 15, 2016.

[Criminal facts] On June 11, 2018, the Defendant reported at around C convenience stores located in Busan Island B, around 00:05, and received a report at around 112 to the effect that “the cost is borne by the owner of the vehicle.” It will return to the Defendant from E in the situation where the Plaintiff: (a) returned a taxi and returned the taxi.

A person who is recommended to do so, he/she assaulted on one occasion the victim's left side kick with his/her hand without any special reason.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (verification of suspect and repeated crime)-related Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. Circumstances unfavorable to a decision on sentence: Any circumstances unfavorable to a decision on sentence: (a) the nature of the crime is bad because the police officer who is performing his/her duties without any reason; (b) the circumstances favorable to the fact that the crime is committed during the period of repeated crime: Taking into account all the conditions for sentencing, such as the defendant's age, sex, environment, motive, means and result of the crime;

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