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(영문) 부산지방법원 2020.03.18 2019고단5938

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 of the final judgment.

Reasons

Punishment of the crime

On August 24, 2019, around 02:40 on August 24, 2019, the Defendant visited with a taxi driver at the Busan mid-gu Busan mid-gu Police Station C box, which is a problem of taxi charges, and was solicited to pay a taxi fee and return home from D to the police officer who belongs to the above police box.

이에 피고인은 발로 위 파출소 내의 테이블을 걷어차고 종이컵에 들어 있는 물을 테이블에 뿌리고, 그곳에 근무 중이던 위 파출소 소속 경찰관들인 경위 E, 경위 F, 순경 D에게 “씹새끼, 짭새 개새끼들아, 짤라버리겠다.”등의 욕설을 하며, 팔을 들어 때릴 것처럼 협박하고, 위 경위 E의 우측 팔에 침을 뱉어 폭행하였다.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers E, security guards F, and patrolmen D.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute of the E, D, and F;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following circumstances specified in the grounds for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommendations according to the sentencing criteria [the scope of recommendations and the scope of recommendations] fundamental areas of the obstruction of performance of official duties: Imprisonment with prison labor for six months to one year and six months;

2. Determination of sentence: Six months of imprisonment with prison labor and two years of suspended execution [the punishment shall be determined as ordered in consideration of various circumstances, such as the defendant's age, character and conduct, family environment, motive and means of crime, and circumstances of sentencing specified in the records of this case as follows: (a) the defendant reflects the crime of this case and has no particular criminal record; (b) the defendant reflects the criminal of this case; and (c) the defendant's age, character and conduct, family environment, motive and means of crime, and conditions of sentencing specified in the records of this case without any particular reason;