(영문) 부산지방법원 2019.07.10 2019고단737

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2019.07.10 2019고단737

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

except that 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

On January 14, 2019, at around 18:30 on January 14, 2019, the Defendant: (a) received a visit report from the Busan Dong-gu B building C, and “any woman who was drunk to get goods out of the building,” and sent to the police officer affiliated with the Busan Dong-dong Police Station D Zone D District, Busan, which called with an interpreter, used the circumstances of the case while communicating with the interpreter; and (b) assaulted the Defendant at one time on the left side of the above E with his own drinking, during which the Defendant was authentic.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of the lives, bodies, and property of police officials.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

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

1. 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;

2. Determination of sentence: Decision shall be made as ordered in consideration of the fact that there is no record of domestic punishment, the fact that the defendant who is a foreigner seems to be sufficient to take a deportation measure rather than to impose a sentence, and all other circumstances constituting the conditions for sentencing, such as the defendant's age, character and conduct, environment, motive and circumstances of the crime, and circumstances after the crime

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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