(영문) 부산지방법원 2015.10.07 2015고단3583

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(영문) 부산지방법원 2015.10.07 2015고단3583

공무집행방해

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

At around 22:20 on May 31, 2015, the Defendant talked with the other party in order to drink a drinking traffic accident that occurred on the road in front of the 65th century, the Defendant sent to the police officer who received the report, sent out the call, and sent the call to D ( South, 49 years old) who was in the position of the Busan Youngdo Police Station C District, and used the said D's chest with both hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on criminal investigation and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is committed on August 14, 2014 by the Defendant, who was sentenced to imprisonment for a violation of the Act on the Control of Narcotics, Etc. on August 14, 2014, and was under the suspension of the execution of two years, and without being aware of the fact that the Defendant was under the suspension of the execution of the sentence, and was under the suspension of the execution of the sentence, and, upon receiving the Defendant’s report on drinking

However, considering all the circumstances, such as the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, the punishment as ordered shall be determined by taking into account the following factors: the defendant is against himself, there is no criminal record of the same kind, the degree of violence is not serious; the detention of the defendant seems to involve excessive difficulty for his dependants; and the detention of the defendant appears to involve excessive difficulty.

참조조문

유사 판례

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