logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.03.07 2018고단5827
공무집행방해
Text

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

However, 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 December 6, 2018, the Defendant assaulted D’s breast part of his residence in Suwon-gu, Busan, on the ground that, around 20:28, the Defendant did not cause tobacco to the Plaintiff, “satis and fincibation”, and “satisf and fincibation” in front of his own residence in Suwon-gu, Busan, on the ground that he did not cause tobacco to the Plaintiff.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes concerning D police statements;

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

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

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

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

1. Where the sentencing criteria apply [Scope of recommending punishment] the category 1 (Obstruction of Performance of Official Duties and Compelling of Duties) in the mitigation area (one to eight months), (special mitigation persons), the degree of violence, intimidation, deceptive scheme, or obstruction of official duties is insignificant;

2. The Defendant, who had been sentenced to one year of imprisonment for the crime of bodily injury resulting from a special obstruction of the performance of official duties in 2014, committed again the crime, and did not receive a letter from the police officer. However, the degree of obstruction of the performance of official duties cannot be deemed as significant. The Defendant, who led to the confession of all the crimes, is in depth, and the punishment as ordered, is imposed in consideration of the Defendant’s age, character and conduct, economic situation, etc.

arrow