beta
(영문) 부산지방법원 2016.05.09 2016고합212

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On January 11, 2016, at the victim D’s residence located in Busan-gu Busan-gu, Busan-do, the Defendant: (a) considered the Defendant’s refusal of the proposal; and (b) caused damage to the Defendant’s repair cost amounting to KRW 80,00,000 by using a wood door, which is the victim’s possession, to hand off and walk back, with the Defendant’s refusal of the proposal.

2. The Defendant removed the lids of the laundry machine, which was in front of the defect, and assault F in his arms, at the time, location, and 112 reported and sent to the Busan High Police Station E District, to arrest the Defendant as an offender for the damage of the above property, and assault F in his arms due to the lids of the laundry machine that was in front of the defect.

Accordingly, the defendant interfered with the police officer's 112 report processing and lawful execution of duties concerning arrest of flagrant offenders.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes of the investigation report (including the list Nos. 1 and accompanying photographs);

1. Relevant Article 366 of the Criminal Act, Articles 136 (1) and 136 (1) of the Criminal Act, and choice of imprisonment with prison labor for the crime;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment determined by a crime of interfering with the execution of heavier public duties);

1. Grounds for sentencing under the main sentence of Article 62 (1) of the Criminal Act (the following conditions favorable to the reasons for sentencing)

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Scope of the recommended punishment according to the sentencing criteria;

(a) Category 1 (Obstruction of Execution of Official Duties and Compelling of Duties) (Scope of Recommendation), 6 months to 1 year and 4 months (basic area) of imprisonment, which interferes with the performance of official duties, shall be obstructed by obstructing the performance of official duties.

B. Type 1 (Special Sentencing) (i.e., damage to property) (i., damage to property) (i.e., damage to property) (i., damage to property) - where substantial damage has been recovered in cases where actual damage to mitigation factors is insignificant (the scope of recommended punishment) from one month to one month.