(영문) 부산지방법원 2018.10.16 2018고단3508

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(영문) 부산지방법원 2018.10.16 2018고단3508

공무집행방해

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 26, 2018, around 01:35, at the front of the Dongdong community center located in Jungdong-gu, Busan, Jungdong-gu, 49, the Defendant: (a) reported to the 112 person under the influence of alcohol; and (b) the police box affiliated with the Busan Central Police Station C commander of the Busan Central Police Station C commander of the Busan Central Police Station, who was called the Defendant, assaulted D to the left-hand side of the above D, who was boomed the Defendant, and was able to boom the Defendant.

Accordingly, the defendant assaulted police officers who perform the duty of prevention of crime and dispatch of report 112, and interfered with legitimate performance of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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. Circumstances unfavorable to a decision on sentence: All the conditions of sentencing, such as the age, sex, environment, motive, means and consequence of the crime, circumstance after the crime, etc. of the defendant, shall be considered in light of the fact that the face of the police officer on duty is taken into consideration, and the criminal records of the same crime are not committed, and one million won is paid to the police officer who has suffered damage as compensation for the damage.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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