beta
(영문) 의정부지방법원 2016.04.01 2015고단4431

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 02:55 on November 8, 2015, the Defendant asserted that, in order to ask the police station of the Council of the Republic of Korea on the assault case related to one’s friendship, the taxi was on the part of the government police station located in 1265 located in the territory of the Gu-si, Gu-si, Gu-si, the government police station located in 1265, and “the taxi was on the part of the taxi.” The Defendant asserted that, “the taxi was on the part of the body of the police station,” and that “the taxi was on the part of the victim B, who was on duty in the boundary of the police station, was on the part of the victim B, “the taxi was on the part of this spacker,

이 새끼야, 이 나이도 어린 의경이 ”라고 욕설을 하면서 손으로 피해자의 목을 잡아 누르고, 피해자의 빰을 때려 피해자의 소 내 근무 등 질서 유지에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. C’s statement;

1. Application of Acts and subordinate statutes to a investigative report (Additional Perusal ofCCTV images);

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] There is no person [the person subject to special sentencing] in the basic area (from June to January 4] [the decision of sentence] [the person subject to special sentencing] imprisonment for six months, and conditions unfavorable to one year: The defendant's suspension of execution where he/she prevents a police officer from performing his/her legitimate official duties without any special reason: The defendant is not injured; the police officer has no record of the same kind and suspension of execution; the defendant's age, sex, intelligence and environment; the relationship with the victim; the motive, means and consequence of the crime; and the circumstances after the crime, etc.; and other factors such as sentencing under each subparagraph of Article 51 of the Criminal Act. It is so decided as per Disposition for the above reasons.