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Reasons
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(영문) 부산지방법원 동부지원 2019.05.29 2019고단265
공무집행방해등
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A defendant shall be punished by imprisonment with prison labor for up to six 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

1. On December 12, 2018, the Defendant: (a) around 00:35 on December 12, 2018, at the front corridor in front of the victim D’s residence located in Busan Shipping Daegu building C; (b) the Defendant placed a door door in order to comply with the Defendant’s criminal complaint against the victim; (c) but (d) the Defendant did not open the door, and (d) went out of the Defendant’s new door and damaged the 350,000 won of the market price, which is the victim’s possession.

2. On December 12, 2018, around 01:30 on December 12, 2018, the Defendant: (a) tried to keep the victim of the case described in paragraph (1) of D within the F District of the Busan Coast Guard Police Station located in Busan Shipping Daegu, and (b) tried to keep the victim of the case from the view of being investigated, and (c) tried to keep the police officer belonging to the F District Unit of the Busan Coast Guard Police Station from doing so; and (d) assaulted the Defendant by taking the Defendant’s hand in a way that he was pushed off the part of G with his seat.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties to protect victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Application of Acts and subordinate statutes to investigation reports (copis and CDs attached to the global belt);

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for the crime;

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;

1. The punishment as ordered shall be determined in consideration of the age, environment, character and conduct, criminal records, motive and background of a crime, means and consequence of a crime, circumstances after a crime, etc. on the grounds of sentencing under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Treatment and Custody, etc. Act;

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