beta
(영문) 부산지방법원 2021.01.08 2020고단4287

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On July 22, 2020, the Defendant: (a) around 10:20 on July 22, 2020, at D cafeteria operated by the Victim C in Busan Jung-gu, Busan, without being locked to the extent above; (b) without being locked to the extent of the above mold, and (c) caused the damage to the victim by putting 2 chemical parts equivalent to 100,000 won in front of the market price.

Accordingly, the defendant damaged another person's property.

2. On July 22, 2020, at around 10:30 on July 10, 202, the Defendant interfered with the performance of official duties, “A male franch franch franch franch franch franch f, which was called out after receiving a report from 112, listened to the damage from the above C, the Defendant’s franch franch f, which was in turn the victim’s franch franch f, which was cut off on one hand, and the Defendant franch f, which was in his arms franch G belonging to the same police station E zone f, which was sealed by cutting off the franch f in his arms over the floor of the hald (one hald).

As a result, the Defendant interfered with the legitimate execution of duties of police officials concerning the handling of reported cases.

Summary of Evidence

1. Application of Acts and subordinate statutes on police statements made by the defendant in relation to C, F and G in the court;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Taking into account the following factors: (a) the fact that there is no good quality of the crime, such as assaulting a police officer dispatched upon receiving a report on the reason for sentencing under Article 62(1) of the Criminal Act; (b) the degree of the assault; and (c) the victim of the damage to property and the agreement with