beta
(영문) 대전지방법원 천안지원 2016.05.12 2016고단128

공무집행방해등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On January 5, 2016, the Defendant: (a) on January 5, 2016, 23:05, 2016, on the part of the victim D (59 tax) on the street near north-gu C in Seocheon-gu, Seocheon-gu; (b) on the part of the victim D (59 tax) on the e-si, Seocheon-gu, Seocheon-gu; and (c) on the top of the first apartment unit located in the New East-gu, Seocheon-gu, Seocheon-gu, Seoul; and (d) on the part of the victim, the Defendant abused the victim by taking care

2. On January 5, 2016, the Defendant interfered with the performance of official duties, at the G police station located in the Southern-gu, Southern-gu, Dongcheon-gu, Seoul Special Metropolitan City on January 23:25, 2016, visited the above D along with the above D and obstructed the legitimate performance of duties in relation to a police officer’s duty while serving in the police station, by assaulting the said H, by opening the entrance and opening the entrance to return home to the Defendant, and making it difficult for the said H to force the police officer’s duty to perform his duties while working in the police station, while visiting the said D along with the above D and performing his duties at the police station.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of each statute of H and D

1. Article 136 (1) and Article 260 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 260 (1) of the same Act concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reasons for sentencing under Article 62-2 of the Criminal Act of the order to attend a lecture, where the degree of violence and deception is minor (i.e., interference with the performance of official duties and coercion of duties) No. 1 (i.e., interference with the performance of official duties) [person subject to special sentencing] - The scope of punishment to be mitigated [the scope of punishment to be recommended] January - August / [the scope of punishment to be sentenced] applicable law: Article 136(1) of the Criminal Act: Article 136(1) of the Criminal Act; Article 1(ii) [the statutory punishment to be imposed] of the Act on the Crimes against Violence from January to May 2 [the person subject to special sentencing] - Where the degree of assault of mitigation elements is minor (Article 1, 6, and 7) (the scope of recommendation area).