(영문) 부산지방법원 동부지원 2016.09.07 2016고단1137

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 동부지원 2016.09.07 2016고단1137

공무집행방해

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Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On July 10, 2016, around 01:30 on July 10, 2016, the Defendant assaulted “Dju” located in Suwon-gu, Busan, to walk the toilet door several times, such as walking the toilet door. On the 112 report, the Defendant was sent from the police officer F, who belongs to the Busan Southern Police Station E-gu, Busan, Busan, and called out, to the police officer, who called for the E-gu, Busan, and was f, when the Defendant was f's chest as drinking.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of the 112 reported case by the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to a report on investigation (such as the details of the use of locks) and a report on investigation (to attach CCTV video images);

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is an abuse of violence against a police officer dispatched after receiving a report, and the crime is disadvantageous to the nature of the crime.

However, there are more favorable circumstances such as the fact that the defendant recognizes the facts charged, the fact that the physical strength of the defendant's use is not very serious, and the fact that the defendant has no record of criminal punishment except for two different kinds of fines.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria - The obstruction of the performance of official duties, obstruction of the performance of official duties, obstruction of the performance of official duties, Type 1 (Obstruction of the Performance of Official Duties), etc.

참조조문

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