beta
(영문) 의정부지방법원 2018.07.11 2018고단2011

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

At around 00:10 on May 7, 2018, the Defendant: (a) sent to the site after receiving a 112 report to the effect that the police officer D, etc., belonging to the Yangju Police Station C commander of the Police Station, was “on the road,” and sent back to the site to have a telephone call to return home; (b) attached head debt at once, and (c) interfered with the legitimate performance of public duties on the handling of the report by the macker D, while the macker 302 was walking in front of 298, the luxa 302 B and drinking in front of the luxe apartment located in Yangju-si; and (d) he was taking advantage of the luxe B and drinking; and (e) took part in the delivery of the said place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (the counter-investigation of a wooden shooting range);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court] The mitigated area (in the case where the degree of interference with the performance of official duties is minor, January-8) of the category 1 (in the case where the degree of interference with the performance of official duties is minor), the crime of this case is committed by assaulting a police officer in the performance of official duties, and the nature of the crime is not good. However, the defendant seems to be in depth as a first offender who has no record of criminal punishment, and the degree of interference with the performance of official duties is relatively minor in light of the field circumstances at the time.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal records, the punishment as ordered shall be determined.