logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.05.15 2020고단1114
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 14, 2019, at around 20:35, the Defendant insultingd the victim E, who is a police officer belonging to the said district group, of the victim E, who is a police officer belonging to the said district group, in order to verify the contents of D’s report of visit in the front parking lot located in the Busan District District B located in Busan District, by openly insulting the victim by referring to the large voice of “the weather year, bitch, bitch, bitch, bitch.”

2. The Defendant committed an act of obstructing performance of official duties against the victim F (year 51) who is a police officer belonging to the Cdistrict group in order to restrain the Defendant’s bathing, etc. as stipulated in paragraph (1) at the time, time, place, etc., and assault F with the desire to put the victim F (year 51).

Accordingly, the defendant interfered with legitimate execution of duties of police officers such as prevention and suppression of crimes, handling of reported cases, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement statute to E and F;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Scope of punishment by law: One to six years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment of Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1)/Compulsory / [Scope of Recommendation and Recommendation] Basic Field, 6 months to 1 year and 6 months of imprisonment

(b) Second offense (determination of types) and defamation offenses (Article 1); General insult [Article 1] The basic area of insult [the scope of recommending area and recommending punishment]; imprisonment between February and August;

(c) Scope of recommendations according to the standards for handling multiple crimes: Six months to one year (the maximum of crimes No. 2).

3. The execution of duties of a sentence of sentence;

arrow