beta
(영문) 수원지방법원 2018.08.09 2018고단2219

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 12, 2018, the Defendant assaulted a police officer in the performance of official duties, such as on three occasions the body of the above D, which was pushed off three times as the body of the police officer, and one time the chest part of the chest part of the said police officer was flicked on three occasions, and interfered with the police officer’s legitimate performance of duties concerning the police officer’s report and the duty to impose the penalty, and the duty to impose the penalty on the police officer, when the Defendant was dispatched to the site after receiving a report 112, 1414-10 adults, which was about 16:35, the Defendant 16:35, and investigated the circumstances of the instant case.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of CD-related Acts and subordinate statutes in which the relevant images are stored;

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

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

1. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (from June to June) of the basic area (from June to June) of the sentencing criteria shall not interfere with the execution of public duties;

2. According to the sentence decisions, the sentencing conditions specified in the trial process of this case, such as the Defendant’s age, sex, family relationship, family environment, motive and means of crime, and circumstances after the crime, shall be determined as ordered by the sentence.

A favorable circumstances: The fact that the assault used by the defendant is not too excessive, and that there is no record of punishment exceeding the fine: The fact that the defendant has been punished for the crime of the same species in 2010.