logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.06.19 2019고단1719
공무집행방해
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 became final and conclusive.

Reasons

Punishment of the crime

On March 15, 2019, the Defendant committed assault, such as: (a) on March 15, 2019, on the street of the Busan Dong-gu, Busan, the Defendant: (b) confirmed the factual relations between D and police officers belonging to the Busan Dong Police Station C District; and (c) on the right hand, when the Defendant was sent to the police station of the Busan Dong Police Station after receiving a report of 112 that “the drunks fright to fright to fright to fright to fright.”

The Defendant, who continued to be dispatched, arrested the Defendant as a flagrant offender in the crime of obstruction of performance of official duties and tried to board the Defendant on the back seat of the patrol team, and assaulted the Defendant, such as having the Defendant walk the chest part of the said F on one occasion by walking the her chest.

Accordingly, the defendant interfered with the police officials' legitimate execution of duties concerning the handling of 112 reported cases and the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, D, and G;

1. Application of the video CD-related statutes;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following circumstances described in the grounds for sentencing);

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] [Article 1] The obstruction of the performance of official duties/performance of duties (the scope of the recommended area and the recommended punishment], the basic area of the recommendation [the scope of the recommended area and the recommended punishment], six months to one year and six months.

3. Determination of sentence: Six months of imprisonment with prison labor and two years of stay of execution (the punishment shall be determined as ordered in consideration of the following various circumstances, including the Defendant’s age, character and conduct, family environment, motive and means of a crime, circumstances after a crime, etc., as shown in the records of this case, as well as the age, character and conduct, family environment, motive and means of a crime, and circumstances after a crime).

arrow