beta
(영문) 부산지방법원 2020.12.23 2020고단2641

공무집행방해

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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 19:20 on December 6, 2019, the Defendant committed assault, such as: (a) on the front side of the “C” located in Busan, the parking management department and affiliated public officials E, etc., by reporting that they are moving for parking control after receiving a report on illegal parking; (b) the head window of the parking control vehicle on which the above E was on board; and (c) the huming view, such as “this humping, during this night, all ordinary people, who have to control during this night, died,” and continuously blocking the front of the said vehicle, and continuously opening the front door of the said vehicle, and cutting down the above E’s shoulder.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the crackdown on illegal parking of the above E.

Summary of Evidence

1. Application of the Defendant’s partial statement E of the witness E’s legal statement to the investigation report on video CDs in the obstruction of the performance of official duties (as to the statement of the shot F), investigation report (as to the statement of the shot G), and the application

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant preventss vehicles that are parked on the ground that the defendant maintains parking control, and takes a bath to the controlling public official, and thus the nature of the crime is not weak.

In addition, even in this court, the Defendant’s decision to punish the Defendant is inevitable because the enforcement officer emphasizes only one part of his half, and does not recognize his mistake.

However, the punishment as ordered shall be determined by taking into account the various circumstances of sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, family environment, motive and means of committing a crime, and circumstances after committing a crime.