(영문) 부산지방법원 2020.05.21 2020고단1136

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2020.05.21 2020고단1136

공무집행방해

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

On March 11, 2020, at around 16:25, the Defendant heard a warning to the effect that “A person who is suffering from disturbance at the assembly site” was called “a person who is going to a disturbance at the assembly site” from the border E belonging to the Busan Police Station D District Unit of the Busan Police Station, which called “a person who interferes with an assembly at a place where the assembly report is made,” and that “a person who is receiving money from the people is made. (b) is going to the meeting,” and that it would go to the persons who hold the meeting, “a person who takes part in the assembly. (b) is who takes part in the gathering,” and the Defendant interfered with the legitimate performance of public duties by police officials in relation to the handling of the 112 Report Case by assaulting the clothes and mouths of the above E and the mouths of the 112 Report.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of the recommended area and the punishment of recommendation], the basic area of the recommendation [the scope of the recommendation area and the punishment of recommendation], six months to one year and six months;

2. The sentence shall be determined as ordered by taking into account the following factors: (a) the Defendant’s erroneous determination of the sentence is recognized and reflected; (b) the same power and violence of the Defendant does not exist; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance of the offense; and (d) the various sentencing conditions specified in the pleadings

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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