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(영문) 부산지방법원 2019.03.20 2019고단368
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 22:00 on January 7, 2019, the Defendant: (a) stated that “I am going to go to fright,” the Defendant sent a report to the effect that “I am going to fright; (b) I am to confirm the mobile phone messages of the reporter, and then I am to “I am accurately impe, I am to am to am fe accurately,” and assaulted E’s chest with left hand once by having pushed off E with a hand hand, and explained the police officer’s measures taken by the police officer on the 112 report; (c) I am to am “I am to fright,” and am to am to f’s external part, and am to f’s left part, and am to am to f’s left part.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on 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 E and F;

1. Photographs of damaged parts;

1. Application of the video CD-related Acts and subordinate statutes

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] The basic area of the 1st category of obstruction of performance of official duties (6-1-1-4 months) [Determination of sentence] / The defendant’s prior conviction of a fine due to violence is one time, and two police officers who wear a uniform without justifiable cause under the influence of alcohol, and expressed desire to commit the crime of this case which prevents the execution of official duties by exercising violence is not good, and the circumstances of the crime are also not good. In light of the above circumstances, the defendant is against his mistake, and there is no criminal record of the same kind, and the degree of the violence is relatively heavy, the defendant’s age, character and behavior, and environment as well as other various circumstances that form the condition for the sentencing of this case.

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