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(영문) 부산지방법원 동부지원 2019.02.21 2018고단2385
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On November 19, 2018, around 04:27, the Defendant: (a) 112 reported that the Defendant did not pay a taxi; and (b) Donman affiliated with the Busan Southern Police Station C District of the Busan Southern Police Station, the Defendant expressed that “I am feas without this circumstances, I am son”; (c) transferred D’s arms one time, sealed D’s body by hand, and pushed D’s body.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of internal investigation reports, CCTV photographs, investigation reports, investigation reports (E counterpart investigation reports), and the Acts and subordinate statutes governing patrols and video records;

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

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is not a taxi, and the crime of this case is committed against police officers dispatched after receiving 112 report, and is disadvantageous to the defendant, such as the nature of the crime is not good, and the crime is committed several times including two times of suspended sentence of imprisonment with prison labor.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the type used by the defendant does not reach a very serious degree.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes, etc. shall be determined as ordered by taking into account the various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria - the obstruction of the performance of official duties, the obstruction of the performance of official duties, the first category of official duties, etc.

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