beta
(영문) 전주지방법원 군산지원 2016.05.04 2016고단23

공무집행방해

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

Defendant

A, around 21:50 on November 23, 2015, around the 21:50, on the street near the 1st apartment of the Yasan-dong, Yasan-dong, the first apartment of the Yasan-dong, the vehicle driven by D, under the influence of alcohol, is exposed to the crackdown on drinking, and the relevant documents are prepared in the police vehicle parked in the nearby place, the vehicle is opened and opened to the vehicle and the E in the process of the traffic and traffic control that was under the control of drinking while entering the vehicle, and the E in the direction of the traffic control division of E; and

The Defendant B expressed a bath through “Chewing ...”, and her face with the hand floor of 3 times, and the Defendant B expressed a bath and assaulted E’s chest by hand on one occasion by “this son, Haya, Haya Ha. Ha. Haya Ha.”

As a result, the Defendants conspired and interfered with the legitimate execution of duties of police officers concerning the crackdown on drinking and investigation.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

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

1. The Defendants of the relevant legal provisions regarding criminal facts: Articles 136(1) and 30 of the Criminal Act, and the choice of imprisonment, respectively.

1. Defendants subject to suspended execution: Reasons for sentencing under Article 62(1) of the Criminal Act;

1. Type A (Interference with the performance of official duties and coercion of duties) of Defendant A (the scope of a recommended punishment) in the basic sphere of interfering with the performance of official duties

2. Where the degree of assault, intimidation, and deceptive scheme is minor in the mitigation area (one month to eight months) of the Class A (Interference with the performance of official duties and coercion of duties) of the Defendant B [the scope of the recommended punishment] that interferes with the performance of official duties;

3. Determination of sentence shall be made in the same manner as the order, taking into account the defendants' age, circumstances leading to this case, sexual conduct and environment, etc., that the defendants reflect their mistakes, that there was no record of punishment for the same kind of crime, and that there was no other reason to impose the sentence.