beta
(영문) 부산지방법원 서부지원 2017.12.14 2017고단1293

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 July 1, 2017, the Defendant: (a) was under the influence of alcohol on the road in front of Busan, and (b) on July 22:30, 2017; (c) was asked by the police officer E belonging to the Busan, a police station D police station of the Busan, upon receiving a report from 112, and called “Is anywhere Is and Is and Is and Is that Is and Is that Is that Is and Is that Is that Is that Is and Is that Is and Is that Is and Is that Is and Is that Is and Is that Is and Is that Is and Is that Is and Is that Is and Is that Is and Is that Is the police. Is and Is that Is the police officer.

개새끼야 ”라고 욕설을 하며 발로 위 경위 F의 정강이를 수회 걷어찼다.

Accordingly, the defendant assaulted police officers, thereby obstructing police officers from performing their duties on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E and F;

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act are many police officers, and the attitude of the crime is not good, so choice of imprisonment is chosen. Considering the favorable circumstances that there are only two different types of fines, the sentence shall be suspended only once, taking into account the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.