beta
(영문) 서울북부지방법원 2016.08.25 2016고단2458

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 18, 2016, the Defendant: (a) on the apartment house No. 101, 1202, 201, 201, 201, 22:45, 201, 201, 201, 200, 200, 1112, and (b) on the grounds that D and scam E attempt to move the Defendant to the apartment door at the request of the reporter to the apartment door, on the following grounds: (c) the two police officers of the above 2: (d) “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, am, I am, am, I am, am, I am the back of the buck.

Accordingly, the Defendant interfered with the execution of official duties of the police officers on the investigation and maintenance of order related to 112 reported crimes by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] and the basic area (referring to six months to one year and four months from imprisonment) of the type of the one (Interference with the performance of official duties and coercion of duties) shall be limited to the scope of the recommended punishment on the sentencing criteria.

3. The sentencing guidelines shall be determined by exceeding the minimum limit of the recommended punishment set in the sentencing guidelines, in consideration of all the circumstances shown in the arguments of this case, such as the investigation stage from the investigation stage to the present court, the fact that the defendant has a character of and reflected in his criminal conduct, the fact that there is no history of criminal punishment exceeding the fine, the circumstances leading up to the criminal conduct of this case, the background and methods of the criminal conduct of this case, the age, family relationship, tendency, etc.