beta
(영문) 부산지방법원 동부지원 2018.03.22 2018고단246

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 00:55 on February 10, 2018, the Defendant, at the front of Busan Shipping Daegu, 00:5, 1112 on the roads of Busan Metropolitan City (hereinafter referred to as the “cab”) and used the horses to “I am out of the Busan Maritime Police Station Cream Station of the Busan Maritime Police Station (hereinafter referred to as “I am out of Korea where a taxi currently boarding is likely to drive due to a traffic accident, I am out of Korea.” on the ground that I am out of her cell phone, I am a bath to the said D, and am out of Korea. As I am a part of E’s head attached to the said C District, I am a arms, and assaulted the said D’s left door door door as a part of the said D.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties on 112 reporting processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A statement prepared by the F;

1. Application of the Acts and subordinate statutes governing the report of investigation and the handling of 112 Reports;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act (including the following sentencing taking into account favorable circumstances) is that the instant crime uses violence against the police dispatched after receiving 112 reports due to traffic accidents, and the nature of such crime is not good.

However, it is advantageous to the fact that the defendant recognized the facts charged and seriously reflects the facts charged, the extent of the type used by the defendant is very serious, and the defendant has no record of punishment exceeding the fine.

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

[Sentencing Criteria] - Multiple Crimes - Each group of crimes obstructing the performance of official duties, interference with the performance of official duties, type 1 (Interference with the performance of official duties), etc.: Provided, That they are standing.