beta
(영문) 수원지방법원 안양지원 2016.08.29 2015고단1728

공무집행방해등

Text

A defendant shall be punished by imprisonment for six 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

1. On September 1, 2015, the Defendant assaulted the victim’s head at one time by hand on the ground that the victim E (V, 20 years of age) who was taking meals on the D restaurant located in the Gunposi, Mapo-si, Mapo-si, and was able to take meals on the food condition ordered by the employee, while serving in the D restaurant located in the Gunpo-si, Mapo-si.

2. On September 1, 2015, the Defendant, at the above place around 17:50 on September 1, 2015, listened to the statements of the victims and witnesses G (40 years old) belonging to the G (34 years old) of the Gyeonggi Military Police Station in the Gyeonggi Military Police Station in which the victims and witnesses were dispatched after receiving 112 reports, and tried to arrest the Defendant as a flagrant offender in the crime of assault, and the Defendant was able to find out the identity of the Defendant in the place where the victims and witnesses were in the crime of assault. This was the large number of boms.

" 고 욕설을 하면서 경위 G의 허벅지와 정강이 부분을 발로 수회 차고, 순경 H의 양 허벅지와 팔과 몸을 발로 수회 찼다.

Accordingly, the Defendant, who is a police official, interfered with the legitimate execution of duties concerning the suppression of the above G and H crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made with respect to G and H;

1. Application of Acts and subordinate statutes of E;

1. Article 260 (1) of the Criminal Act (the point of violence) and Article 136 (1) of the Criminal Act (the point of interference with the execution of official duties) of the relevant criminal facts;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation - Unfavorable circumstances: (a) there are criminal records of the same kind of violence; (b) interference with the performance of official duties by two police officers; (c) favorable circumstances: the degree of violence is insignificant; and (d) there are no criminal records of the suspension of execution or higher; (b) Other circumstances: the defendant