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(영문) 부산지방법원 2019.02.21 2018고단5422
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 19:55 on October 13, 2018, the Defendant: (a) committed assault, such as spitation, spitation, etc. of the said D’s chest on the right chest, and at the same time committed assault on the top of the above E’s left part, when the Defendant was asked to return home from the Busan East Police Station C District of the Busan East Police Station, and from the border E to return home to the scene after receiving a report of 112 that a passenger would not pay a taxi fee, and thereby interfere with his business.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each police statement concerning D, E, and B;

1. Application of Acts and subordinate statutes to photographs of damage, the 112 Reporting List, and the investigation report (to attach CCTV image data);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent 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. Application of the sentencing criteria [Scope of Recommendation] The basic area (six months to one year and six months) of the obstruction of performance of official duties (the obstruction of performance of official duties and coercion of official duties) (the special person who has not been punished);

2. The defendant, who was sentenced to punishment, committed again the crime in spite of the fact that he had been punished several times for the crime related to drinking violence, but did not receive a letter from the police officers. However, the defendant confessions all the crimes and repents his mistake in depth, there is no record of the same kind of crime, and sentencing as ordered in consideration of the motive and circumstance of the crime in this case, the age and occupation of the defendant.

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