logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2017.07.13 2017고단987
공무집행방해
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 26, 2017, around 01:05, the Defendant: (a) committed assault around Busan-gu, Busan-gu, with the Defendant’s report of 112 that he assaulted his wife; and (b) the situation D’s situation belonging to the Busan Southern Police Station C District of the Busan-gu Police Station, which separated the Defendant’s wife from the Defendant and carried the Defendant’s wife into the victim’s temporary accommodation; and (c) the Defendant read “not only a width police officer but also a dead, dead, dead, and dead, discarded,” and assaulted the Defendant by hand.

As a result, the Defendant interfered with the police officer's legitimate performance of duties concerning handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to report on investigation (related to hearing statements by shots);

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

1. Article 62(1) of the Criminal Act on the stay of execution (The following extenuating circumstances are considered in favor of the sentencing in mind):

1. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is an act of violence against a police officer called out after the defendant received a report that he/she assaults his/her wife. The nature of the crime is bad, and the defendant has been punished twice for a violent crime.

However, the fact that the defendant recognized all of the crimes of this case and reflected against the defendant, and that the defendant has no criminal record exceeding the suspended sentence and has no criminal record for the same kind of crime is favorable.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Crimes Interfering with Official Duties, Interference with Official Duties, Type 1 (Obstruction of Official Duties, etc.)

arrow