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(영문) 부산지방법원 2020.06.19 2020고합143
특수공무집행방해치상
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 28, 2020, at around 00:57, the Defendant received a 112 report that the Defendant was assaulted by her her her friend at a Busan B restaurant, and told that her friend had been dispatched late to the victim E (the 49 years old) who is the region belonging to the Busan Urban Police Station D District, the Busan Urban Police Station, who was dispatched to the site, and suffered about about 10 days from the victim who was facing the victim's right arms.

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties of the victim's 112 Reporting Cases, who is a police officer, and thereby suffered injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to photographs of crime tools, photographs of damaged parts, photographs of crime, and written diagnosis of injury;

1. The first sentence of Article 144 (2) and Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Scope of the recommended punishment according to the sentencing criteria [the range of punishment [the range of punishment] according to the sentencing criteria for the crime of obstructing the performance of official duties, [the first category] caused by the obstruction of special public duties (the person who is a special person]: Reduction element of the punishment, non-compliance area (the scope of the recommended area and the recommended punishment] mitigation area, one year and six months to three years.

3. Determination of sentence: The sentence shall be determined as ordered, comprehensively taking into account various factors of sentencing as shown in the arguments in the instant case, including two years of imprisonment, three years of suspended sentence, and the age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The defendant takes a bath to a victimized police officer who was dispatched to the scene after receiving his/her report.

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