logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.09.18 2019고단2655
공무집행방해등
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

1. Around 21:40 on May 29, 2019, the Defendant: (a) 21:40, went on and returned to a taxi without drinking alcohol at the 8th century located in Busan City, and (b) 227; (c) the victim C, who was in the Busan, Police Station B District, in receipt of a report of visit from a taxi engineer, was urged to take a bath to the taxi engineer; and (d) the victim was able to take a bath for the taxi engineer, including the taxi article and the juscul, and the victim was sexually insulting the victim.

2. The Defendant continued to engage in the performance of official duties at the time, time, and place specified in paragraph (1) of this Article, despite being given warning that he could be punished as a crime of insult, and did not comply with the demand for presentation of an identification card, and the Defendant assaulted D’s left part of the defect D to arrest the Defendant as a flagrant offender of the offense of insult.

Accordingly, the defendant interfered with the prevention, suppression and investigation of police officials' crimes and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement of E;

1. A written statement of C and D;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant Article 311 of the Criminal Act, Articles 136 (1) and 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment with prison labor;

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 under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] The sentencing guidelines does not exist for the crime of insult in the basic area (six months to four months) of the obstruction of performance of official duties. [Determination of sentence] There are several violent offenses committed against the defendant, and drunk.

arrow