beta
(영문) 부산지방법원 서부지원 2017.11.13 2017고단987

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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

Criminal facts

The Defendant, at around 04:30 on May 21, 2017, arrested a flagrant offender under suspicion of assaulting E in the immediately preceding stage and was brought into custody due to the above strike, and then thrown away tobacco to F, etc., a police officer, who works there under the influence of alcohol, at the police box located in Busan Yagu, Busan YA, and then was under the influence of alcohol.

The imprisonment has been examined for a long time.

“In large interest, I expressed a desire to take a statement to E, and assault police officers who perform their duties after taking the f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s fat.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Each statement protocol with respect to E and F;

1. Investigation report (Attachment, etc. of CCTV images inside a police box);

1. Application of Acts and subordinate statutes on the scene of violence and damaged photographs;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances required for the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Community Service Orders;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. The scope of recommended punishment on the sentencing guidelines [the types of decisions] the basic area of punishment [the scope of recommended punishment, the scope of recommended punishment], six months from imprisonment to one year and six months, shall interfere with the performance of official duties.

3. The Defendant, even before committing the instant crime, was sentenced to criminal punishment by committing several violent crimes, and was sentenced to suspended sentence of imprisonment by committing a crime obstructing the performance of the same kind of official duties.

Nevertheless, the Defendant failed to take interest in the police station to take a bath, and assaulted the police officer who tried to restrain himself.

Defendant's criminal history, method of crime, and attitude to this Court after the crime of this case is committed.