beta
(영문) 수원지방법원 2016.11.25 2016고단6097

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 22:40 on October 2, 2016, the Defendant: (a) while drinking alcohol with C, which is a sponsor in Suwon-si Btel 1404, was sponsored by neighboring residents, the Defendant was found to have been on one occasion of the defect in investigating the case by the police officer assigned to the police station of Suwon-nam Police Station, who was dispatched to the site after receiving a report from 112 by neighboring residents, and was on one occasion of E’s head.

Accordingly, the defendant interfered with legitimate execution of duties concerning E criminal investigations, a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Application of Acts and subordinate statutes written in the statement prepared by the F;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered favorable to the reasons for sentencing):

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

1. The scope of recommendations on the sentencing criteria [the scope of recommendations] the basic area [the scope of recommendations] stipulated under the category 1 of the obstruction of performance of official duties (the obstruction of performance of official duties and the coercion of official duties] shall be punished by imprisonment for six months to one year

2. In light of the following circumstances: (a) the Defendant, who was sentenced to a suspended sentence of two years on October 16, 2014 due to the crime of injury, etc. on or after the sentence was sentenced to a suspended sentence of two years; (b) the Defendant committed the instant crime even under the suspended sentence of eight months (Provided, That the period of grace has expired; (c) the Defendant committed the instant crime at a disadvantage; (d) the Defendant committed the instant crime by contingency; and (e) the degree of exercising the said violence was not limited; and (e) circumstances favorable to the Defendant who led to the confession of the crime; and (e) other circumstances shown in the instant pleadings, including the Defendant’s age, character and conduct, motive for the crime