beta
(영문) 부산지방법원 2017.11.15 2017고단4900

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 20, 2017, the Defendant is under the influence of alcohol at C Public Security Center located in Busan Dong-gu, Busan around Sep. 20, 2017.

돈이 없다 ”라고 하면서 출입문을 수회 발로 찼다.

Accordingly, the police officer E belonging to the police station of the Busan Dong-dong Police Station will stop it, and the entrance door will continue to be opened, "I will not open, open, and patrol cars."

“....”

Defendant 1 committed assaulting the Defendant by continuously opening the entrance door from the above E to close the entrance door, and putting the door up as if he would damage the door, such as cutting off the Defendant’s arms, and breaking the door face when he was in possession of any defect to restrain it.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of F’s written Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The basic area (from June to one year and six months) of the first category (Interference with the performance of official duties and coercion of duties) is irrelevant to the absence of [Pronouncement of sentence] [Determination of sentence], the records of the same kind of crime (the suspension of execution of sentence for six months is sentenced to two years for obstruction of the performance of official duties at Busan District Court on November 8, 2012).