(영문) 부산지방법원 동부지원 2018.08.09 2018고단902

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(영문) 부산지방법원 동부지원 2018.08.09 2018고단902

공무집행방해

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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 27, 2018, the Defendant received a report telephone on March 27, 2018, from the head of the Defendant’s office located in Busan Nam-gu C, and received a 112 report call that the head of the household is suffering from disturbance, and received a request from E in the circumstances where the Busan Southern Police Station D District unit located in the Busan Southern Police Station, for a late demand to change the depth time, and “I have no way to do so, she reported who will do so;

To this end, the police officer does not arrest a person without any justifiable reason, i.e., “I wish to do so by themselves.”

As “,”, the Defendant would create the reasons for the forum.

“ ............... on one hand at one time.”

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported case E 112.

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 to each investigation report, 112 report processing sheet, and violence victim E in the course of obstructing the performance of official duties;

1. The crime of this case on the grounds of sentencing of imprisonment with prison labor, Article 136(1) of the relevant criminal law regarding criminal facts, and the crime of this case on the grounds of sentencing of the sentence of imprisonment with prison labor, is committed by force while taking time expenses to the police called out after receiving a report from 112 on the street. The nature of the crime is not good. On July 19, 2013, the defendant was sentenced two years of suspended execution and 120 hours of community service order to the Busan District Court on October 19, 2013, and was sentenced three times more than the same criminal records.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and the fact that the type used by the defendant is very serious.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Interference with the performance of official duties, interference with the performance of official duties, and

참조조문

-형법 제136조 제1항

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