beta
(영문) 부산지방법원 2017.10.18 2017고단3722

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months and a fine of six hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On April 1, 2016, the Defendant was sentenced to ten months of imprisonment with labor due to interference with the performance of official duties at the Busan District Court, and completed the execution of the sentence in the third school district of the North Korean Dos on September 7, 2016.

1. The Defendant in violation of the Punishment of Minor Offenses Act was found to be a C District District in Busan, Busan, on July 14, 2017, and was found to be a problem of taxi fares in Busan, Jin-gu, Busan, and the police officers working for the police.

The term "I will create one of the cases that occurred in prison" refers to a large amount of 30 minutes, such as the presentation of a certificate of confinement (extinctive prescription), which led to a very rough and disorderly speech or behavior at a public office, with the influence of alcohol.

2. The Defendant, within around 01:10 on the same day as the above paragraph (1) above, expressed that the Defendant, as in the above paragraph (1) above, expressed his desire to “this spatch spatch” to a slopeD (46 tax) belonging to the Busan Police Station C District of the Busan Police Station, which recommended the Defendant to return home within the spatch within the spatch.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the maintenance of public order and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A photograph of a dynamic image closure;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current expropriation status of individuals;

1. Relevant provisions of the Act on the Punishment of Minor Offenses and Article 3 (3) 1 (Selection of Penalty) of the Punishment of Minor Offenses Act concerning the crime, and Article 136 (1) of the Criminal Act (Selection of Imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the punishment of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is committed by the Defendant, as seen above, during the period of the same repeated crime, by assaulting the police officer at the same place where the Defendant was under the influence of alcohol at the government office, thereby obstructing the performance of his official duties, and is disadvantageous to the Defendant.

However, it is against the defendant.