logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.03.16 2017고단5578
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. On October 1, 2017, the Defendant was under the influence of alcohol at the “C main store located in Busan Eastdong-gu, Busan, the Defendant was raising the victim E, a member of the Busan East Police Station D District (hereinafter “F”) who was dispatched to the site after receiving a report of 112 on October 1, 2017, in order for the Defendant to have the said owner and two employees of the said owner, who were in the presence of the said owner and two employees to have the Defendant returned to the site.

The victim openly insultingd the victim by referring to the large bit of bitch chlob chlob.”

2. The Defendant interfered with the performance of official duties, on the grounds that F would restrain the Defendant who was able to take a bath against the proprietor and return home at the same time and place as the above “1” paragraph, and that F’s chest was tightly pushed back one time, and that F’s chest continued to go outside the said drinking house, and that F’s chest was tightly pushed back.

As a result, the defendant interfered with legitimate execution of duties such as handling of 112 reported duties by police officers and suppression of crime prevention.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to F and G;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 136(1) of the Criminal Act concerning the crime and Article 311 of the Criminal Act concerning the choice of punishment ( punished by imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. 보호 관찰 및 사회봉사명령 형법 제 62조의 2 양형의 이유 피고인에게 공무집행 방해의 동종 전과는 없으나, 2015년 7월 상해 혐의로 기소유예 처분, 2015년 8월 폭행 혐의로 공소권 없음 처분 및 경찰서에서의 주 취소란으로 인한 경범죄 처벌법 위반죄로 벌금형을 받는 등 근래 들어 음주폭력[ 이른바 ‘ 주 폭’( 酒暴)] 경향을 보이고 있어 재범 가능성이 높은 점, 한편, 벌금형을 넘는 전과는 없는 점, 폭력의 수단이 가슴으로, 위험한 물건이나 머리 손발 팔꿈치 무릎처럼 상대방에게 심한 타격을 가할 수 있는 경우에...

arrow