(영문) 부산지방법원 2019.08.13 2018고단3454

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자간(%)

(영문) 부산지방법원 2019.08.13 2018고단3454

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 1, 2018, at around 02:45, the Defendant: (a) was under the influence of alcohol in front of the Busan East-gu Busan East-dong Police Station 70, the Busan East-gu, Busan-dong Police Station’s name, “ma,” and “Ma,” and the Defendant was asked C about the purpose of visit at the seat of the above police station B, who was working at the beginning of the entrance, and the Defendant was asked C about the purpose of visit. As such, the Defendant stated C to the effect that “the case of accusation has been confirmed,” the Defendant said C “h was “hicking and visiting again,” and the Defendant was able to take a bath to the said C, and the Defendant was able to take a part of the said C’s threshold once.

As a result, the defendant interfered with the legitimate execution of duties of police officers in relation to the maintenance of order and entrance service.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. 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;

2. Determination of sentence is against the defendant, and there is no record of punishment heavier than that imposed for the crime of obstruction of performance of official duties, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime are committed, and the punishment is determined as ordered by taking account of various sentencing conditions shown in the arguments of the case.

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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