logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2013.11.29 2013고단6001
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 of the final judgment.

Reasons

Punishment of the crime

1. 피고인은 2013. 8. 4. 20:20경 부산 영도구 영도경찰서 민원실 앞에서 위 경찰서 소속 의무경찰인 C이 술에 취하여 민원실 직원을 폭행하려는 피고인을 제지하자, 발로 C의 왼쪽 허벅지를 걷어찼다.

The Defendant assaulted C as above and obstructed C’s legitimate execution of duties regarding crime prevention, etc.

2. On August 4, 2013, at around 20:30 on August 4, 2013, at the same place as Paragraph 1, the Defendant, a police officer belonging to the Youngdo Police Station, dispatched to the site for the foregoing reasons, she coming back with the head, coming back with D’s chests several times, and served as drinking for D.

As above, the Defendant assaulted D and obstructed the legitimate execution of duties of D concerning crime prevention, etc.

3. 피고인은 2013. 8. 4. 20:40경 위 1, 2항의 범행으로 현행범인 체포된 뒤 E 순찰차의 뒷좌석에 탑승하여 영도경찰서 F파출소로 가던 중, 운전 중이던 위 경찰서 소속 경찰관인 경사 G의 뒤통수를 발로 2회 찼다.

As above, the Defendant assaulted G and interfered with the legitimate execution of duties of G concerning crime prevention, etc.

4. On August 4, 2013, at around 20:55, the Defendant received the face of the security guard, who is the police officer assigned to the above police box, at the Fabscopic police box of the Yeongdeungpo-gu Busan, Youngdo Police Station, one time as head.

As above, the Defendant assaulted H and interfered with the legitimate execution of duties of H concerning crime prevention, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement of D, G, H, and C;

1. Side photographs of the assault;

1. Application of Acts and subordinate statutes to each investigation report (No. 1 and 3 of the evidence list);

1. Article 136 (1) of the Criminal Act, the choice of applicable laws and punishments concerning the facts constituting an offense, and the choice of imprisonment;

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

1. It shall be decided as ordered by the court on the grounds of not less than Article 62 (1) of the Criminal Act (including the absence of any special record of crime, contingency, and reflection of all the circumstances) in the suspension of execution;

arrow