beta
(영문) 부산지방법원 2015.07.23 2015고단3012

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On April 30, 2015, around 18:45, the Defendant: (a) taken a taxi for business use operated by the victim C (Nam and 61 years of age) in the vicinity of the Korea Power, and obstructed the victim’s taxi business by taking a bath, “I am out of this opening, chrop, chrop, chrop, and the original basic fare, and going beyond 3,500 won,” and “I am out of 3,500 won.”

2. The Defendant: (a) harming the performance of official duties by the police officer, on the road, was placed on the same temporary border, around E District E District E, who was called out after having received 112 reports from the same Gu E District E, and she was flicked to the Defendant, and she was flicked to the sibs of the taxi; and (b) she was flicked to the Defendant, who was flicked to the sibs of the sibs; (c) she was flicked to the Defendant; and (d) she was flicked to the Defendant, and obstructed the police officer’s legitimate performance of duties regarding the handling of the 112 reported duties by the 112 police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol of statement to C and F

1. Relevant Article 136 (1) and Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the reason for sentencing) of the suspended sentence (the reasons for sentencing) is that there are concurrent crimes under the former part of Article 37 of the Criminal Act for which the sentencing guidelines that have no basic area (6 months to 1 year and 4 months) of the 1st category of the obstruction of performance of official duties (the scope of recommending punishment) are not set. [Determination of sentence] The degree of the obstruction of performance of official duties is relatively minor, contingent crimes, the fact that social relationship is clear, the fact that one's mistake is deeply divided and reflected, and all the circumstances are considered.