(영문) 부산지방법원 동부지원 2017.11.23 2016고단2047

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(영문) 부산지방법원 동부지원 2017.11.23 2016고단2047

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 October 15, 2016, around 04:48, the Defendant: (a) reported 112 on the street in front of “C cafeteria” located in Busan Southern-gu B; and (b) had a police officer’s slope E belonging to the Busan Southern Police Station D District Unit of the Busan Southern Police Station receive a solicitation for returning home from the police officer’s slope E, and assaulted the Defendant on his hand at one time on the back of the instant E with his hand, stating “Chewing, a police officer who is a police officer.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (such as dispatch to the scene);

1. Relevant Article 136 of the Criminal Act and Article 136 of the Criminal Act (1) and the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is an act of violence to the police called out after being challenged and being reported, and is disadvantageous to the nature of the crime, and the defendant has a criminal record of violence.

However, the fact that the defendant has no criminal record exceeding the fine is a favorable situation.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Interference with the Execution of Official Duties: Group of Crimes Interfering with the Execution of Official Duties, Interference with the Execution of Official Duties, Type 1 (Interference with the Execution of Official Duties)

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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