logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2018.10.26 2018고단1241
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 10, 2018, the Defendant, at around 23:20 on May 10, 2018, sent a bath to a drunk service worker in front of CY 3, Busan, and received a report of 112 from him, and called out after receiving a report of 112, sent out to the above E, who was requested from E during the police box belonging to the Busan, to return home from the police station, and assaulted E with his hand at one time.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on investigation reports (verification of counter-species, etc.);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., favorable circumstances, etc., for the following reasons);

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

1. Where the scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the scope of the mitigated area (one month to eight months) of the mitigated area (any interference with the performance of official duties and any coercion) (one month to eight months), and the degree of interference with the performance of official duties is minor;

2. The punishment shall be determined as ordered by the order, comprehensively taking into account all kinds of sentencing conditions prescribed by Article 51 of the Criminal Act, such as the circumstance after the crime was committed, the background leading up to the crime in this case, the means and consequence of the crime, the degree of interference with the performance of official duties, the fact that there is no record of other crimes except for the minor past conviction, the circumstances after the crime was committed, the age of the accused, the sex behavior, the environment, and the social relation.

It is so decided as per Disposition for the above reasons.

arrow