beta
(영문) 부산지방법원 2016.05.26 2016고단1301

공무집행방해

Text

1. The defendant shall be punished by imprisonment for one year;

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

3.

Reasons

Punishment of the crime

피고인은 2016. 2. 19. 18:50 경 부산 광역시 부산진구 B 소재 C 주차장에서 아무 이유 없이 그곳 손님의 차량 앞 타이어에 발을 올려 두는 등의 방법으로 약 5분 간 차량을 움직이지 못하게 하여 그 손님과 시비를 벌이다가, 112 신고를 받고 출동한 부산진 경찰서 D 지구대 소속 경찰관 E로부터 사건 처리 절차에 대한 안내를 받았음에도 자신이 원하는 대로 해 주지 않는다는 이유로 “ 씨 발 놈! 좆도 모르는 게 한번 두고 봐라!

188.1 12

“In doing so, the breast part of the above E was tightly pushed off, the breast part of the above E was continuously broken back, the chest of the above E was tightly pushed down, and the police officers belonging to the same global group called together expressed desire to F, who were sent together, and assaulted the breast part of the above F by drinking.

The Defendant continued to be on board the back seat of the patrol police officer for about 40 minutes, such as interfering with the police officer's legitimate performance of duties concerning the prevention of and investigation into the crime, such as interfering with the police officer's failure to shut down the door of the patrol police officer before the patrol police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to investigation reports;

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Article 62 (1) of the Criminal Act on the suspension of execution.

5. The reason for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Social Service Order Act, Article 59 of the Act on the observation, etc. of Protection and Community Service Order [the scope of recommended punishment] The ground for sentencing under Article 62-2(1) and Article 62-2(2) of the same Act [the scope of recommended punishment] where there are multiple public officials suffering from damage (1 to 4 years), the aggravated area (1 to 1 year), [the person subject to special aggravated punishment] [the decision of sentence] where there are several public officials punished for the same crime, and the crime is also bad in light of the substance of the crime.

However, the defendant.