logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.09.18 2019고단1642
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:20 on January 14, 2019, the Defendant: (a) 112 reported and sent to F in front of the Busan Dongdong-gu, Busan; (b) “A person who was killed in C amusement tavern” was under the influence of alcohol to F; and (c) Ha, etc. who confirmed the site, refused it, the Defendant: (a) obstructed the above F’s left part part of the horse with her hand, (b) obstructed the said F’s upper part of the chest, (c) obstructed, and (d) obstructed the operation of the said F’s car by assaulting the said F in the driver’s seat to the driver’s seat, and (b) obstructed the operation of the said car in front of the driver’s patrol; and (b) obstructed the operation of the said car; and (c) obstructed the operation of the said vehicle by assaulting the F in front of the driver’s patrol.

Accordingly, the defendant interfered with the legitimate execution of duties of police officials on the handling of 112 reported cases.

Summary of Evidence

1. Witness F and E’s legal statement;

1. Application of the Acts and subordinate statutes governing mobile phone shooting;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties [Special Convicts]: Where the degree of violence, intimidation, and deceptive scheme is insignificant (the scope of the recommended area and the recommended sentence] mitigation area, and one month to eight months of imprisonment;

2. Determination of sentence: A decision shall be made as ordered in consideration of the fact that the degree of tangible power exercised by the defendant was weak, the fact that there was only two times before and after the fine, and other circumstances that conditions for sentencing, such as the defendant's age, character and conduct, environment, motive and circumstances of the crime, etc., are considered.

arrow