beta
(영문) 수원지방법원 안산지원 2017.01.24 2016고단4278

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

On August 13, 2016, the Defendant arrested a flagrant offender by a police officer who was dispatched after receiving a report from 112 on the case that 'C' located in Ansan-si Member B, Ansan-si on August 13, 2016, where 'C', which was located in the above main place of entertainment, caused the above main place of 'C' to destroy the cocoin machine at the above main place of entertainment. The Defendant arrested the flagrant offender.

In his hand, I pushed off F, a police officer belonging to the police station E zone of the Ansan-gu, and pushed off G, a patroler belonging to the said zone, with his hand, did so, while having pushed off G, who was a patroler belonging to the said zone, and let the above G, left part of the left part of the said G, and Ha, who was a patroler belonging to the said zone, Hab off the above I by hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reported cases and criminal investigations by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Each police statement made to G, I, F, and J;

1. A damaged part, on-site photograph;

1. Application of the Acts and subordinate statutes to report on investigation (on-site filming images and CCTV images investigation);

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor (the following extenuating circumstances among the reasons for sentencing shall be considered):

1. The reason for sentencing under Article 62(1) of the Criminal Act ( favorable circumstances among the reasons for sentencing as set forth below) of the suspended sentence (the grounds for sentencing) is that there is no person who has been punished for violent crimes in the basic area (from June to January, 1) (no person who has been sentenced to special sentencing) (Article 62(1) of the Criminal Act) (the grounds for sentencing [the scope of recommendation] and the basic area (from June to January, 4) (the special sentencing person] (the decision of sentencing has been long, but the defendant has a record of being punished for violent crimes several times, and the crime of this case is not good in light of its details, methods

However, in consideration of favorable circumstances, such as the fact that the defendant recognized his mistake and reflects the defendant, and there is no criminal history exceeding the fine, and the conditions of the sentencing prescribed in Article 51 of the Criminal Act, the same punishment as the order shall be determined.