(영문) 부산지방법원 동부지원 2014.08.20 2014고단1053

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(영문) 부산지방법원 동부지원 2014.08.20 2014고단1053

공무집행방해

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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

On May 29, 2014, the Defendant: (a) around 05:40 on the frontway of the Korea Coast Guard C Public Security Center in Busan Shipping Daegu, and (b) on the front of the Korea Coast Guard C Public Security Center in Busan Metropolitan City, the Defendant requested the F of the police officer who visited the Korea Coast Guard by driving the said Public Security Center on the ground that D, who did not receive the fees, did not take place but did not get a lock.

Accordingly, the Defendant: (a) committed assault, such as: (b) the Defendant, on the ground that the F was at the seat of himself, demanding a destination and to pay a taxi fee on the ground that the F was at the seat of himself; (c) said F was at the taxi, which read, “I would sing off and sing off the taxi; (d) I would like to kill the relevant F’s breath with 1m wide, closely tightly, and threatening him.”

As a result, it interfered with the legitimate execution of duties by police officers on public safety and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to F and D;

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

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

1. Considering the fact that the defendant again committed the instant crime even though he/she had a previous conviction in several times of sentencing under Article 62-2 of the Social Service Order Criminal Act, strict punishment against the defendant is required.

However, the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, character and environment, motive, means and consequence of the crime, etc., shall be determined as ordered in consideration of the fact that the defendant, alone, should support two children, together with the suspension of the execution of imprisonment with prison labor, the defendant is also sentenced to community service order along with the suspension of the execution of imprisonment, and other conditions of sentencing as shown in the arguments of this case

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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