(영문) 부산지방법원 서부지원 2019.07.25 2018고단1238

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 서부지원 2019.07.25 2018고단1238

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 1, 2018, around 21:15, the Defendant reported the drinking control by 10 police officers around the CB branch of the CB branch located in Busan SB, to address the drinking value problem, and took a bath on the road. On March 1, 2018, the Defendant assaulted the E, who was subject to the control from D police officers of the Busan SP police station, with the head of the IS police station, and the body twice twice.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on drinking control.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement of E and F;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act and reasons for sentencing under Article 136 (1) of the Criminal Act for the choice of punishment;

1. Type 1 (Obstruction of Performance of Official Duties and Compelling of Duties) of the basic area (six months to one year and six months) (special person) of the sentencing guidelines set forth in the sentencing guidelines;

2. Determination of sentence: The Defendant committed the instant crime in June, by assaulting a police officer, who was under the influence of alcohol while under influence of alcohol, thereby obstructing the performance of official duties by a police officer for one hour. In light of the background of the instant crime, time of the crime, circumstances after the crime, etc., the crime is considerably poor in light of the circumstances, and in order to establish the state’s legal order and eradicate the danger of public authority, it is necessary to strictly punish the crime of obstruction of performance of official duties, such as the instant case, and the Defendant was sentenced to a fine once due to the crime of obstruction of performance of official duties, and there are many records of having been sentenced to a

In full view of these circumstances, the sentencing conditions shown in the records of this case, such as the age, character and conduct, environment, family relationship of the defendant, etc., the punishment as ordered.

참조조문

-형법 제136조 제1항

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