(영문) 부산지방법원 2016.02.05 2015고단8079

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2016.02.05 2015고단8079

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 1, 2015, the Defendant: (a) reported on November 1, 2015, that there was a person who fests to a pact without paying alcohol at around 02:28, and was dispatched to the site; and (b) on the ground that, on the part of the patrol vehicle, the Defendant was a police officer who called fling to a fluoral at the lower seat of the patrol vehicle, he would throw away from fluoral on the ground that, on the same day, C, the head of the police station located in the Busan City Police Station B of the Busan City Police Station said fluoral as a bad for himself.

“In doing so, it was necessary to put the left hand in the partitions for the prevention of danger, thereby putting the breath of the above police officer’s breath, shaking the breath, and stop the patrol vehicle in order to prevent the above police officer from doing so, and when the back breath of the police officer’s cream was cut off one time by a heatr.

Accordingly, the defendant interfered with legitimate execution of duties concerning the investigation and prevention of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused;

1. The application of C’s statement protocol, investigation report, and the statutes governing the disposition of reported cases under the 112 Table;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the protection and observation, the order to attend a lecture [the scope of recommendation] and the reason for sentencing under Article 62-2 of the Criminal Act [the scope of punishment] there is no person who has been subject to a special sentencing [the person who has been sentenced to a sentence for six months or one year or four months] (the person who has been subject to a special sentencing] [the decision of sentence] although there was a record of being sentenced to a fine of 30,000 won due to damage to public goods in 209, the execution of imprisonment shall be suspended in consideration of the fact that there is counter-competence of mistake

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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