beta
(영문) 부산지방법원동부지원 2020.08.26 2020고단322

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 22:48, 2020, the Defendant was under the influence of alcohol in front of the Southern-gu B apartment Cdong, Busan, and the police officer E (the age of 35) who belongs to the Busan Southern Police Station D (the age of 112) sent out after receiving the report of 112 asked the Defendant of his personal information, personal information, address, etc., the Defendant took his cell phone on the right side of the police.

As a result, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to E (No. 5);

1. A criminal investigation report (No. 6) and a criminal investigation report (a statement made by a shot person);

12. Application of Acts and subordinate statutes to the List of Reporting Cases;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The following facts should be comprehensively taken into account: (a) although there has been the same kind of force as the sentencing of Article 62(1) of the Criminal Act once the reason for the suspended sentence; (b) the fact that the fine is imposed; (c) the degree of violence is not much serious; and (d) the records and arguments of this case