(영문) 부산지방법원 2018.12.21 2018고단4611

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2018.12.21 2018고단4611

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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 October 13, 2018, around 13:06, the Defendant: (a) reported to the Busan Shipping Daegu CA Dong 102, the Defendant: (b) took a bath to inquire of the Defendant for identification verification from E, who was sent to the police box, after receiving a report from the Defendant, who was sent to the police box to the Defendant; (c) took a bath to check his status; and (d) assaulted the chest of the above E on two hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act to order observation of protection;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. In light of the fact that a police officer who is performing a decision-making on a sentence of punishment was assaulted, and that there are many cases of criminal punishment regarding violence, the defendant should be punished with strict punishment. However, considering the favorable circumstances that the degree of assault is against and against the defendant, the defendant should be considered in light of the other defendant's age, sexual behavior, environment, motive, means, results, etc. of the crime, and the circumstances after the crime, the punishment as ordered shall be determined by taking into account all the sentencing conditions such as the defendant's age, sexual behavior, environment, motive, means

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

유사 판례

-부산지방법원 2018.10.16 2018고단3508

-인천지방법원 2018.08.22 2018고단4480

-부산지방법원 2018.08.14 2017고단2869 (1)

-부산지방법원 2017.03.08 2016고단8212

-부산지방법원 2018.08.21 2018고단2840