beta
(영문) 대전지방법원 공주지원 2018.01.12 2017고단372

공무집행방해

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

On October 29, 2017, at around 02:20 on October 29, 2017, the Defendant, at the C playground located in Sinju City B, engaged in a verbal dispute with the Defendant’s female-friendly appearance D, and the Defendant, etc., upon receiving 112 report that the Defendant, etc. arrived at the site after receiving 112 report, was asked by the police officer G to ask about the circumstances at the site, and without any reason, the Defendant took a bath to “this Chewing ............................., even if the Defendant was dispatched with the above G, the Defendant she ended the face of the above G and obstructed the police officer’s lawful execution of duties concerning the prevention, suppression, and investigation of the crime, and interfered with the police officer’s escape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written statement of I;

1. 112 Application of the Act and subordinate statutes to the list of reported cases and the report of internal investigation;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] There is no basic area (six months to one year and six months) [the person subject to special sentencing] [the decision of sentence] Defendant, without any reason, interfered with the performance of official duties by using violence against police officers, and choice of imprisonment.

However, considering the fact that the defendant has no criminal record of the same kind, confession, and reflects his depth.

In this context, the defendant's age, sex, family environment, background of the crime, and circumstances after the crime are considered, and the punishment is determined as ordered.