beta
(영문) 광주지방법원 2014.10.22 2014고단3179

공무집행방해

Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On August 16, 2014, at around 03:30, the Defendant received 112 reporting that domestic violence occurred in relation to the Defendant’s act of assaulting C, his spouse, 102 Dong Dong Dong 1404, Gwangju Mine Police Station Down, and arrested the Defendant as a flagrant offender under the circumstances where the Defendant was affiliated with the Gwangju Mine Police Station Dial Police Station D, which called the above E, the Defendant expressed his desire to “I am superior, I am back, and the domestic violence occurred.” After the Defendant notified that E was arrested as a flagrant offender, I would like to go on the patrol to accompany the police box, and then, I would like to go against the above E’s duty so that it could not interfere with the above E’s duties, so long as it interfere with the police officer’s duty.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes entered in the police statement to E;

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 (including the absence of any record of punishment for imprisonment without prison labor or heavier punishment);

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 (1) of the Act on Probation, etc.;

1. Scope of the sentence that may be sentenced [Determination of the type of punishment] Scope of the obstruction of the performance of official duties (the obstruction of the performance of official duties/performance of duties) - Where the degree of violence against mitigation elements is insignificant (determination of the recommended area] mitigation area / 1 month or - 8 months;

2. Whether or not to add a stay of execution - Where the degree of positive assault is insignificant - Reasons for general participation: Not having an effort to recover negative damage - Reasons for general participation: There is no criminal record of a stay of positive execution or more.

3. Six months (two years of suspended execution of sentence) of imprisonment with prison labor;