beta
(영문) 의정부지방법원 2018.03.15 2017고단5693

공무집행방해

Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

The Defendants reported on August 9, 2017, 01:50 on August 9, 2017, 112 to the effect that “the head of Si/Gun/Gu 5693” was “the head of Si/Gun/Gu 5,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

『2018 고단 108』 피고인은 2017. 10. 24. 01:55 경 양주시 G 104 동 앞에서 가정폭력 신고를 받고 출동한 양주 경찰서 E 파출소 소속 경사 H로부터 현행 범인으로 체포되자 이에 화가 나 위 H의 다리를 발로 1회 걷어찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers regarding the handling of reported cases.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes on police statements made to F and H;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 136(1), 30(2) of the Criminal Act (the second sentence of 2017, the second sentence of 5693, the election of imprisonment), Article 136(1) of the Criminal Act (the second sentence of 2018, the first sentence of 108, the second sentence of 2018, the election of imprisonment)

B. Defendant B: Articles 136(1) and 30 of the Criminal Act (Optional to imprisonment)

1. A aggravated defendant for concurrent crimes: the aggravated punishment for the punishment prescribed by the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes with the punishment prescribed by the obstruction of the execution of official duties on August 9, 2017, with the heavier punishment);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence:

1. The scope of punishment by law;

(a) Defendant A: Imprisonment for one month to seven years;

B. Defendant B: Imprisonment of one month to five years;

2. Scope of the recommended sentences according to the sentencing criteria;

A. Defendant A’s violation of Articles 1 and 2 (Obstruction of Execution of Official Duties) and the basic area (from June to June) of the first category (Interference with Execution of Official Duties) (Interference with Execution of Official Duties).