beta
(영문) 인천지방법원 2014.05.30 2014고단2754

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 23:40 on March 29, 2014, the Defendant was under the influence of alcohol at the “C” restaurant located in the Southern-gu Incheon Metropolitan City, Incheon, and was demanded to return home from the slope E belonging to the Seoul Southern-dong Police Station D District Unit of the Incheonnam Police Station that received 112 reports, and thus, the Defendant obstructed the Defendant’s legitimate execution of duties by assaulting the said E at one time, such as “this son’s name shall be changed to her name, her name shall not be changed to her name, her name shall not be counted to her tax base, her name shall not be counted to her name, her name shall not be counted to her name, her name shall be counted to her tax base, her name shall not be counted to her name, her name shall be taken to her name, and so on.”

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the sentencing guidelines for recommendation [the scope of the sentencing guidelines] the basic area (six months to one year and four months) of the obstruction of the performance of official duties (the obstruction of the performance of official duties) (the scope of the sentencing guidelines];

2. A suspended sentence shall be sentenced in consideration of the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc., and the suspended sentence shall be determined in the same manner as the sentence is ordered.