beta
(영문) 대전지방법원 공주지원 2018.01.26 2017고단395

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

On June 27, 2017, around 14:40, the Seo-gu Daejeon District Court of Daejeon, 69, was summoned for the enforcement supervision of protective disposition (304, the Daejeon Family Court of 304, his children B (13 ) and were summoned for the enforcement supervision of protective disposition, and was brought to the juvenile reformatory to the juvenile reformatory for the purpose of the entrusted protection, and thus, in order to interfere with this, C, who is a public official of the court in charge of the security affairs of the Patent Court, c, who is the public official of the court in charge of the Patent Court, c, was exposed to the following parts of the defendant, and the above C was not sold in both hands, and was able to take the right hand of the above C by hand.

Accordingly, the defendant interfered with the legitimate execution of official duties by the court staff on the legal security and office building security affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each statement;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on a copy of cell phone image;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] There is no person who has no basic area (six months to one year and six months) [the person who has been subject to special sentencing] [the decision of sentence] [the defendant exercises violence against court officials, and the defendant has interfered with the legitimate performance of official duties of court officials by avoiding disturbance inside court office buildings, and choice of imprisonment with labor due to poor nature of the crime.

However, considering the fact that the defendant has no criminal record of the same kind, confession, and reflects his depth.

In this context, the defendant's age, sex, family environment, background of the crime, and circumstances after the crime are considered, and the punishment is determined as ordered.