beta
(영문) 창원지방법원 마산지원 2020.06.16 2020고단323

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On March 21, 2020, at around 21:30 on March 21, 2020, the Defendant: (a) stated that D’s chests were fluenced in front of the building, on the ground that: (b) the police officer D, etc. belonging to the Mapo-dong Police Station C District of the Mapo-gu Police Station C District called C District, who was called out after receiving a report of 112, would have come home to his own; (c) stated that D’s chests were flucencenc, police officers, and did not grow to flucencen, and fluenced into fluencenc, and used twice

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report internal investigation (as to the situation at the time of site entry);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: One month to five years;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties [Type 1]/ the coercion of official duties [Special Convict]: Where the degree of violence, intimidation and deceptive scheme is insignificant (the scope of the recommended area and the recommended sentence] mitigation area, and one month or eight months of imprisonment.

3. Death sentence by public prosecutor: Eight months of imprisonment.

4. The Defendant, who was under the influence of alcohol, expressed a desire to the police officer and obstructed the performance of official duties by pushing the police officer.

There is a punishment of a fine for obstruction of performance of official duties in 2012.

However, the defendant recognizes and reflects crimes.

The degree of used tangible power is not relatively serious.

There is no criminal offense beyond a fine against the defendant.

The defendant is aged, and family and relatives want to well look at the defendant in the future, and they want to leave the defendant well.

The age, character and conduct, environment, motive, means, results, circumstances after the crime, etc. of the accused.