(영문) 부산지방법원 2020.05.27 2020고단944

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Reasons

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(영문) 부산지방법원 2020.05.27 2020고단944

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 10:00 on March 10, 2020, the Defendant, under the influence of alcohol in Busan Eastdong-gu Belc, Busan, thereby doing knife with knife without any special reason.

At around 10:15 on the same day, the Defendant committed assault against the police officers belonging to the Busan East Police Station D District District of the Busan East Police Station, who received a report of 112 and received questions about how to commit self-injury, on one occasion at the seat of the police officers belonging to the police stations belonging to the Busan East Police Station.

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of the above E-12 Reporting Cases, which is a police official.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. The sentence shall be determined as ordered by taking into account the following factors: (a) a person who has been sentenced to a fine on several occasions for a crime of final and violent crime; and (b) a person has been sentenced to a suspended sentence on condition of probation in a relatively recent period; and (c) the defendant's age, character and conduct, environment, motive and circumstance of the crime; and (d) various conditions of sentencing

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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