beta
(영문) 부산지방법원 서부지원 2018.05.23 2018고단116

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 7, 2018, the Defendant: (a) at the parking lot “D” located in the Busan Sindong-gu, Busan, on January 7, 2018, the Defendant: (b) opened a vehicle door in order to prevent suicide with the police crew members of the Busan Sinan Police Station, a police box affiliated with the Busan Police Station, who was called upon upon receiving a report, while attempting to commit suicide by avoiding a dog twice in the EKaren vehicle; and (c) opened the vehicle door in order to prevent suicide with the 119 emergency crew members of the police box belonging to the Busan Sinan Police Station; and (d)

The lab lob lob and Rab lob, and the lab lob, by hand, had the drinking, as we can see the flab of the above G, with the hand.

Accordingly, the defendant interfered with the legitimate performance of public duties by police officers concerning the protection of the lives and bodies of the people.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes governing arrest of crimes;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. Type 1 (Interference with the performance of public duties and coercion of duties) in the basic area (from June to June) of the sentencing criteria (a person who has no special sentencing person).

2. The offense of this case, which has been determined by the sentence, is not consistent with the quality of the offense as impeding the exercise of legitimate public authority by which the defendant should be strictly executed, the defendant's past record of criminal punishment is several times, and favorable circumstances such as the defendant's perception of the offense of this case, and the fact that the defendant is deeply divided into the offense of this case, shall be considered together, and the punishment as per the order shall be determined by taking into account all the factors of sentencing revealed in the course of the record of this case and the