beta
(영문) 수원지방법원 안산지원 2017.09.14 2017고단1479

공무집행방해

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

Around 01:50 on April 25, 2017, the Defendant received a report from 112 that “the male (the Defendant) is under the influence of alcohol,” and received a notification from four persons, such as G, the police official belonging to the D police unit in the Gyeonggi Mine-gu Police Station D District, for the purpose of protecting the principal, etc., by four persons, including G, from the Defendant’s guardian (herf, etc.) to move to the D zone in the above police station located in G, and took two-hour protective measures.

The defendant, at around 03:50 on the same day, transferred home to his guardian under the above E, etc. at the front parking lot of the D District, shall wear back to E in order to use his/her home, and "Ye shot, phere"

They were able to take the bath of "I am feas, dead, and discarded," and assaulted on one occasion the chest part of E at one time, thereby hindering the police officer's legitimate execution of duties concerning the protection of the crew.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor (the following extenuating circumstances among the reasons for sentencing shall be considered):

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is [the scope of recommendation] and the basic area (from June to January to June) (the person subject to special sentencing) of Article 62(1) of the Suspension of Execution Act (the grounds for sentencing) is without any person [the person subject to special sentencing] (the decision of sentence] [the fact that the crime of this case is not good in light of its details and methods is unfavorable.

However, in consideration of the favorable circumstances, such as the fact that the defendant recognized his mistake and reflects, that the defendant has no record of punishment for the same crime or violence, and that there is no record of crime exceeding the fine, and the conditions of all the sentencing prescribed in Article 51 of the Criminal Act, the same punishment as the order shall be determined