beta
(영문) 수원지방법원 평택지원 2016.04.15 2016고단285

공무집행방해

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On February 14, 2016, the Defendant was unable to enter the said establishment in the direction of “C” located in Pyeongtaek-si B on February 14, 2016, and the entrance door is not corrected, and there is an assault within the boundary of the entrance.

The suitable sound shall be sound.

“The 112 reported content.”

The Defendant, at the same time and place, tried to verify the reported matters by E and F police officers belonging to the Pyeongtaek-gu Police Station D police box called up after receiving 112 reports at the same time and place, and raised the complaint on the ground that the entrance does not open the entrance, and “I have been received by this dog, satis, and satis,” and why is why the Defendant would promptly open the door of the place of massage in the place of business;

In doing the bath theory, such as c.m., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., and f., f., f., f., f., f., f., f., f., f., f., f., f.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reports and the prevention of crimes by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. A written statement of the victim;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders and the observation of protection;

1. The scope of punishment by sentence: Imprisonment for not more than five years;

1. Determination of types: Type 1 from among crimes that interfere with the performance of official duties;

1. Persons subject to special sentencing: None of them;

1. Scope of recommended punishment: Imprisonment with prison labor for six months to one year and four months;

1. A suspended sentence: positive - Social.