beta
(영문) 광주지방법원 순천지원 2013.12.04 2013고단1874

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

On September 19, 2013, in order to be arrested as a flagrant offender of a assault case and to undergo an investigation, the Defendant mentioned that he would sit in the above police box in the atmosphere from the police officer E (the age of 34) belonging to the police officer of the said police box in the air to conduct an investigation in order to take advantage of the arrest of the flagrant offender of the assault case, and stated that he would sit in order to conduct an investigation under the influence of alcohol, and that he would take the face of E by drinking, thereby obstructing the police officer’s legitimate performance of duties in relation to the investigation of the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (Attachment, etc. of work place), work place;

1. The investigation report (the situation inside the police box);

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for the sentencing of Article 62-2 of the Social Service Order Criminal Act [the decision of the sentence] The obstruction of performance of official duties and coercion [the decision of the recommended area] Basic Field of the obstruction of performance of official duties, from six months to one year and four years [the scope of the sentenced sentence] imprisonment for one month from one month to five years [the sentenced sentence] imprisonment for eight months, suspension of execution two years, community service, the defendant is divided into the crimes of this case, and the previous crimes are not previous ones.