logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.10.18 2018고단3471
공무집행방해등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 6, 2018, around 22:10, the Defendant: (a) expressed his desire to the slope C belonging to the Busan Central Police Station B of the Busan Central Police Station, who was called up and handled the case upon receiving 112 reports, and (b) expressed his hand that he was pushed up the above C and pushed up his head; (c) when he was expelled from D from D to the police officer belonging to the said District, the Defendant “I am to spaced, spaced, spaced, spaced,” and “I am to spaced, spaced, spaced, spaced,” and (d) caused the above D to fall up on one occasion with both hand when he was pushed up and processed the above D’s left part due to drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the 112 reporting processing.

2. The Defendant damaged objects used by public offices by placing the patrol antenna of the amounting to KRW 5,00 in his/her hand at the time, at the place, and at the time, at the time, at the place, as described in the foregoing 1. Paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement made with respect to C and D;

1. Application of statutes to the patrol vehicle's antenna damage photographs, investigation report, etc.;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 141 (1) of the Criminal Act (the point of damaging goods for public use and the choice of imprisonment with prison labor) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (which shall be between interference with the execution of official duties, and shall be 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 stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the defendant interferes with the police officers' performance of official duties and damages public goods, and it is necessary to take strict measures. However, all of the defendants led to the confession of the crime and his mistake is divided in depth.

arrow