logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.09.04 2019고단2884
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 1:10 on June 6, 2019, the Defendant: (a) stated that “C” in front of “C” located in Jung-gu, Busan; (b) the Defendant was demanded by the police officer of the Busan Central Police Station D police box, a police officer of the Busan Central Police Station, to return home only from the police officer, who was dispatched after having reported 112 that the Defendant avoided the disturbance in the state of drinking; and (c) stated that the police officer “funched funch, fune, fune, fune, fune, fune., f., f., f., f., f., f., f., f., f., f., f., f., f., e., f., f., f., f., e., f., e., f., f.,

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of the 112 reported case by E Senior Policemen and Fman.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of F and E;

1. Application of Acts and subordinate statutes to investigation reports (as to the attachment of field images);

1. Article 136 (1) of the Criminal Act applicable to the crime;

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;

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Determination of sentence: The Defendant, under the influence of alcohol, frightened a riot in the workplace, obstructed the performance of official duties by assaulting a police officer dispatched, and the police officer was entering the workplace in the process.

Considering this point, it is necessary to select a sentence of imprisonment, but to suspend the execution of a sentence in consideration of the fact that there was a previous conviction and to order probation because it is judged that there was a high risk of crime due to alcohol.

arrow