beta
(영문) 창원지방법원 진주지원 2015.02.03 2014고단1108

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 21:00 on November 4, 2014, the Defendant discovered that the person was exposed to the influence of alcohol in front of the lower-dong elementary school located in the south-dong, Hadong-gun, the lower court assaulted the Defendant, i.e., at the time of the Hadong Police Agency E-Won of the auxiliary police officer affiliated with the Hadong Police Agency E-Won Police Agency, who supported the duty of drinking alcohol control at the slope D affiliated with the Hadong Police Agency E-Won Police Agency, and, i.e., “I see that she is drinking, I see that she is drinking, and that I see that she is drinking, and that I see that I am immediately.”

As a result, the defendant interfered with legitimate execution of duties by a medical police officer's assistance in drinking control.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. Written statements of D;

1. A place of non-traffic service;

1. Application of the Acts and subordinate statutes of a photographs of damaged parts;

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

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. are as follows: (a) the nature of the crime is extremely not good and there is a record of having been punished for the same kind of crime, such as the punishment of a conscripted police officer who performs his/her duties without any special reason.

On the other hand, the execution of imprisonment is suspended considering the favorable circumstances such as the defendant's age, family environment, motive, means and consequence of the crime, and all of the sentencing conditions stated in the arguments of this case, such as the defendant's age, home environment, motive, means and consequence after the crime, and the situation after the crime is committed, and the community service order is to prevent recidivism.