logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.01.13 2015고단7337
공무집행방해등
Text

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

1. On September 9, 2015, at around 23:25, the Defendant: (a) expressed the victim C’s “D” main points in Busan Dong-gu, Busan as an employee; (b) expressed the victim’s name influencing customer “at least” in the name influencing room; and (c) expressed the victim’s voice at a large sound that reads “Chewing year; (d) year; and (e) year; and (h) year; and (d) year; and (e) interfered with the victim’s main main business by abusing the victim’s body and pushing the victim’s body, thereby obstructing the victim’s main business by force.

2. The Defendant obstructed the performance of official duties at the time and place described in the above 1.1. At the Busan East Police Station E zone located at the Busan East Police Station E zone, which received a 112 report, brought an assault by the victim F with the victim’s shoulder at drinking, booming the victim’s chest and neck.”

Accordingly, the defendant interfered with the legitimate performance of the victim's duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Application of Acts and subordinate statutes to investigation reports (as to the verification ofCCTV);

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

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 suspended execution;

1. Interference with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] : Obstructing interference with the performance of official duties: Reduction of interference with the performance of official duties, by the reduction of the number of types 1 (Interference with the performance of official duties and coercion of duties) and by the processing standards for multiple crimes: -1 year [Special Sentencing Person] interference with the performance of official duties: In a case where the degree of assault, intimidation, and deceptive scheme is minor (decision of sentence] interference with the execution of official duties: The crime of this case is committed in a case where the defendant was sentenced to a fine due to interference with the performance of official duties, but the defendant interfered with the business of the victim C and called the police officer.

arrow