logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.11.06 2018고단3633
공무집행방해등
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 3, 2018, around 01:50 on July 3, 2018, the Defendant was dissatisfied with the Defendant’s complaint regarding the arrest of the flagrant offender to G police officers belonging to the F District of the Busan Police Station, who was called out after receiving a 112 report, around E located in Busan, Jin-gu, Busan, and on July 3, 2018.

Does they go back to dynasium;

Attorneys Ma-man, Makne, knee, assaulted the G's bridge to walk in several times.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting handling affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to H, G, and I;

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

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

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. Determination of sentence shall take into account all the sentencing conditions, such as the circumstances leading to the instant crime, the details and degree of the assault, the records of criminal punishment by the Defendant (no such criminal records), the age, sex, environment, motive, means, results, and circumstances after the commission of the instant crime, etc.

Rejection of Public Prosecution

1. On July 3, 2018, around 01:30 on July 3, 2018, the Defendant: (a) requested a victim H (28 years of age) working for his/her employee to “a request the victim H (28 years of age to enter the club first”; (b) on the ground that the victim refused the request, the Defendant assaulted the victim’s face at his/her hand.

2. This part of the facts charged cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. Since the victim expressed his/her wish not to punish the Defendant after the instant indictment, the Criminal Procedure Act is applicable.

arrow