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(영문) 부산지방법원 2015.06.25 2015고단14

공무집행방해등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2014. 9. 8. 22:00경 부산 동래구 C에 있는 ‘D’ 식당 앞 노상에서 차량 손괴 문제로 E와 시비하던 중 112 신고를 받고 출동한 동래경찰서 F지구대 소속 경위 G으로부터 귀가를 권유 받자 화가 나, G에게 주먹을 휘두르고 무릎으로 G의 낭심 부분을 1회 걷어찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Legal statement of witness G;

1. Application of the Acts and subordinate statutes to photographs of damaged police officers;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts (the occupation of obstruction of performance of official duties and the choice of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing (in order to prevent a person from committing a crime) under Article 62-2 (In order to prevent a crime), the reason for sentencing [the scope of recommending punishment] is that there is no applicable sentencing range (6 to 1 year and 4 months) in the basic area (6 to 1 year) of the Act on the Performance of Official Duties, and that there is no recommended sentencing range: 6 to 1 year and 4 months [the decision of sentencing] as a result of the examination of evidence, even if it is recognized that the defendant's refusal to commit a crime and is not against the defendant.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age and health status, and the sentencing guidelines determined by the Supreme Court's Sentencing Committee, shall be determined as ordered in consideration of the fact that the defendant has no record of obstructing the performance

Division of Non-Offense

1. Facts charged: around September 22, 200 on September 8, 2014, the Defendant damaged the Defendant’s property damage to cover repair costs by discovering Hone Star car owned by the victim E, which was parked there, in front of the “D” restaurant located in the Seocho-gu Busan Metropolitan City, and by making the iron board cover with the left back of the drinking.

2. It is difficult to distinguish the degree of iron plates from the image of the damaged vehicle submitted as evidence for determination.

No. 3.