(영문) 부산지방법원 동부지원 2018.01.11 2017고단2512

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 동부지원 2018.01.11 2017고단2512

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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 24, 2017, at around 04:12, the Defendant assaulted the police officer’s 112 report at the 11st floor, “The main entrance is to damage the front door, which is installed,” with the report of 112, the Defendant obstructed the police officer’s legitimate performance of duties concerning the reported duties. The Defendant obstructed the police officer’s lawful performance of duties by assaulting D’s chest with the words “Winging up and going up” from the border D belonging to the Busan Southern Police Station C, the Busan Southern Police Station C, which called “Wing up and going up.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report and application of CCTV CD-related Acts and subordinate statutes;

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 stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is an act of violence against the police called out after receiving 112 report while intending to damage the front door of drinking, and thus, the nature of the crime is not good, and five times including the Defendant’s previous convictions and suspended execution.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and the fact that the type used by the defendant is very serious.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Crimes Interfering with Official Duties, Interference with Official Duties, Type 1 (Obstruction of Official Duties, etc.)

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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