beta
(영문) 수원지방법원 2017.05.16 2017고단240

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On December 23, 2016, the Defendant: (a) committed assault, such as assaulting, around 08:20 on December 23, 2016, that the 4th floor corridor of the 112th floor of the building, she was used by the Defendant; (b) the police officer’s legitimate performance of duties concerning the handling of reporting 112 by the police officer, by assaulting the Defendant, who was on the part of his hand, and D and D belonging to the Dong-dong Police Station C District of the Dong-dong Police Station, which called out after receiving a 112 report that he was used by the 4th floor of the 4th floor of the building.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D (20 pages of evidence records);

1. Application of the relevant Acts and subordinate statutes to the F and G preparations;

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act (The following conditions favorable to the reasons for sentencing)

1. Where the scope of the recommended punishment on the sentencing guidelines of the Sentencing Committee of the Supreme Court / [type] the mitigated area [a person who has been specially mitigated] mitigated in the mitigated area (a person who interferes with the performance of official duties and coercion of duties] is minor (the scope of the recommended punishment] one month to eight months; or

2. A sentence like the Disposition shall be imposed by comprehensively taking into account the following favorable circumstances: (a) under the unfavorable circumstances under which the Defendant had been punished for the same kind of crime even before the sentence was rendered; (b) the Defendant recognized and reflects the criminal act; (c) the Defendant committed any contingent crime while under the influence of alcohol; (d) the degree of violence against police officers is relatively minor; and (e) there is no record of criminal punishment heavier than a suspended sentence, and (e) the Defendant’s age, sex, criminal conduct, environment, family relationship, motive and circumstance of the crime; and (e) all the sentencing conditions specified in the instant pleadings