logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2019.01.08 2018고단1875
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above sentence shall be suspended for one year after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:40 on July 25, 2018, the Defendant: (a) expressed the Defendant’s desire to “Neman,” who was sent to the Busan Gangseo-gu Busan Gangseo-gu Police Station Down-gu Police Station Down, for the reason that the Defendant was unable to commit the Defendant’s act on the part of the Defendant, on the grounds that the police officer affiliated with the Busan Gangseo-gu Police Station D box, who was called after having been reported to the effect that he was unable to perform the duty of obstruction of the performance of the duty of performance of the duty of performance of the duty of performance of the duty of performance of the duty of performance of the duty of performance of the duty of performance of the duty of performance of the duty of performance of the duty of performance of the duty of performance of the duty of performance of the duty to arrest the victim as a flagrant offender.

Accordingly, the defendant interfered with the police officer's 112 report and legitimate execution of duties concerning the arrest of flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

1. Type 1 (Obstruction of Performance of Official Duties and Compelling of Duties) of the basic area (six months to one year and six months) (special person) of the sentencing guidelines set forth in the sentencing guidelines;

2. The crime of this case committed by the Defendant on the sentence of punishment is a situation unfavorable to the Defendant, such as the crime of this case committed by a police officer with the head of a police officer, who was under the influence of alcohol, shaking the head of the police officer, etc., and thus obstructing the police officer’s legitimate performance of official duties. In order to establish the state’s legal order and eradicate the danger of public power, there is a need to strictly punish the crime of obstruction of performance of official duties.

However, the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and reflects the mistake, that the defendant does not repeat the same mistake again, that the family members of the defendant want to take the defendant's preference, that the defendant does not have a criminal record, and that the defendant does not have a criminal record, and the age, character, character, environment, etc. of the defendant.

arrow