logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.09.25 2015고단1682
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 May 18, 201, the Defendant was sentenced to a fine of five million won for the obstruction of performance of official duties at the Busan District Court on May 18, 201, and was sentenced to a total of seven times fine for violent crimes.

At around 06:50 on January 8, 2015, the Defendant, while under the influence of alcohol in the street room located in Busan Dong-dong, 1426, had been a police box of the same Dong-dong Police Station with a police officer called up with a report of 112.

At this point, the Defendant expressed the police officer’s desire, such as “Choe .. Mah . .”, and exceeded his arms, and assaulted the police officer’s objection part of the defect that the police officer D attempted to restrain the Defendant at one time as his head.

At around 06:55 on the same day, the Defendant assaulted the part on the right side of the slope of the police officer E by taking one head from the back seat of the patrol vehicle at the Busan East Police Station. On the same day, the Defendant opened the police officer F by asking the right hand hand hand of the police officer F to the right hand hand, and assaulted the nose part of the police officer G police officer at the Busan East Police Station criminal and the office on duty at around 07:05 on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D, etc.;

1. Each photograph, opinion, and the application of each Act and subordinate statutes on criminal investigation reporting;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act [the scope of recommendation] of the order to provide community service and attend lectures [the scope of punishment] that there is no basic area (6-1-4 months) of the obstruction of performance of official duties (6-1-4 months) [the decision of sentence] of the defendant [the decision of sentence] reflects the defendant's wrongness, contingent crimes, and the contents of the crime, etc.

arrow