beta
(영문) 부산지방법원 2015.08.27 2015고단1514

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The height of 2015 high-ranking 1514

1. At around 01:00 on March 18, 2015, D received a request from H in front of the G in Jung-gu, Busan, to have the Defendant take a bath in order to search for a person who satisfafafafafafafafafafafafafafafafafafafafa, who was called out under the command of a person who satfafafs in the Fsatus E located in Jung-gu, Busan.

Therefore, although the above D recommended the Defendant to return to the office, the Defendant, “I am off, I am on the left side of the D and interfered with the legitimate execution of duties by the police officer in charge of reporting the 112 report duties.”

Highest 2015 highest 4582

2. 피고인은 2015. 6. 21. 15:00경 부산 사상구 I아파트 113동 경비실에서 근무 중인 경비원 J에게 "개새끼 씨발 놈들아 내 물건 어쨋노"라며 욕설을 하며 그곳 의자 위에 있던 서류 등을 집어 던지는 등 위력으로 위 J의 경비업무를 방해하였다.

Summary of Evidence

The height of 2015 high-ranking 1514

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made to D by the police;

1. Statement by the defendant in court;

1. Statement to J police officers;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 136 (1) and Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders, and Article 1 of the Reasons for the Punishment of Crimes (Interference with Business) [Scope of Recommendation] Type 1 (Interference with Business) and the area of mitigation (1 to 8 months) [Special Mitigation] and Article 2 (Obstruction of Performance of Official Duties] of the Punishment (including efforts to recover damage), the scope of Recommendation] of the mitigated area (1 month to 8 months), where the degree of violence, intimidation, and deceptive scheme is minor, the final sentencing range according to the aggravated punishment: one month to 1 year [Pronouncement Decision] of the Punishment Act.