beta
인천지방법원 2017.06.08 2017고단2575

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 28, 2017, the Defendant: “A” in front of the “C” located in the Namdong-gu Incheon Metropolitan City, Namdong-gu, Incheon; and “A” in front of the 112 report, and the circumstances leading up to the D District Unit of the Incheon Southern Police Station D who called out after receiving a 112 report are as follows: “A Defendant is a place with a bad body or a place with inconvenience.”

“In the course of questioning,” and continuously asking the personal information of the Defendant, the part of the E’s right pipe play was assaulted once by the left hand, stating “I k k k k k k k k k k k k k k k k k.’s age.”

As a result, the defendant assaulted police officers E, thereby obstructing police officers from performing their legitimate duties concerning handling reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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 circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Education [Scope of Recommendation] Where the degree of violence, intimidation, deceptive scheme, or obstruction of public service is minor (one month to eight months) mitigation area (one month to eight months), and where the degree of violence, intimidation, deceptive scheme, or obstruction of public service is minor (decision of sentence] 4 months, suspension of execution of one year defendant's mistake is recognized and against his/her fault.

It is a contingent crime, and it is not much serious to the degree of violence.

However, the defendant has been punished twice by a fine for violent crimes.

The sentence shall be determined as ordered in consideration of the conditions of sentencing, such as the defendant's age, sex, family relationship, and property status, and the execution thereof shall be suspended only once.