(영문) 부산지방법원 2015.12.04 2015고단6654

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2015.12.04 2015고단6654

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:20 on October 1, 2015, the Defendant assaulted D by means of acting as the head of D, and obstructed the legitimate performance of duties by police officials in relation to the treatment of civil petition cases, on the ground that the slope D belonging to the Young-do Police Station C District of Young-do Police Station shouldered Defendant, who did not locked in the taxi, is shaking the Defendant, on the ground that he did not locked in the taxi, in front of the Busan Young-dong 2 Dong 3 Public Security Center, Young-do Police Station C District of Young-gu, Busan, Busan, and that he did not locked in the taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made to D and E;

1. Application of Acts and subordinate statutes to the investigation report (at the time of committing the crime);

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures [the scope of recommendation] There is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties [the decision of sentence] [the sentence] The execution of imprisonment shall be postponed by taking into account the following: although the defendant had been punished two times due to the obstruction of performance of official duties, there has been a history of force that the defendant had been punished two times due to the obstruction of performance of official duties, there has already been no punishment for violent crimes for more than ten years, since 2009, there has already been no punishment for the obstruction of official duties; the degree of interference of official duties has not been excessive; and the fact

Provided, That community service and lecture attendance order shall be imposed together.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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