(영문) 부산지방법원 2015.09.23 2015고단3087

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2015.09.23 2015고단3087

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 03:30 on April 14, 2015, the Defendant reported to pay a taxi fee from a taxi engineer in front of the Busan National Police Station E District of the Busan National Police Station, and asked the police officer, who is a police officer belonging to the above District, to ask him/her about his/her intention to pay a taxi fee, and asked him/her about his/her "I are the police, he/she will do so, and he/she will ask him/her about his/her name, he/she will do so, and he/she will do so." On the other hand, the Defendant assaulted the police officer, who opened a taxi and opened the taxi door, and assaulted him/her at one time on the left part of the above police officer's own left part.

Accordingly, the defendant interfered with the legitimate execution of duties of the police officer on the handling of reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning G and F;

1. Application of statutes governing photographs of damaged police officers;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Reasons for sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] No person who has no basic (6-1 year and April) (6-1 year) of the obstruction of performance of official duties (a person who has been specially punished) (a person who has been sentenced] (a decision of sentence] of the crime of this case is an assault against a police officer who has been in charge of reporting in relation to the payment of taxi fares, and the nature of the crime is not easy.

However, considering all the circumstances, such as the defendant's age, character and behavior, environment, motive and background of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of the fact that the defendant is against himself/herself, there is no history of punishment for the same crime, the fact that 50,000 won has been deposited for the recovery of damage by the damaged police officer, the social relation is clear and the detention of the defendant seems to involve excessive difficulty for his/her dependants.

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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