beta
(영문) 전주지방법원 2015.11.12 2015고단1424

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 21, 2015, at around 01:10, the Defendant: (a) committed assault to the Seoul District District of the Yando Police Station located in 24, Yando-si, Yando-si, Yando-si, Yando-si, Yando-si; (b) 30 minutes of disturbance, such as getting off and getting off a taxi; and (c) exempted from the flag; and (d) Do-affiliated guards belonging to the C District-gu, who prevented the flag from doing so; and (c) obstructed the police officer’s legitimate performance of duties with regard to the police officer’s work within the boundary of the district by assaulting D, such as having the flag’s left face at one time with his/her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and D;

1. A written statement;

1. Reports on internal investigation and reports on investigation;

1. Application of each statute on photographs;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. From one month to five years of the applicable sentences in law; and

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] and the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties) (the scope of the recommended sentence].

3. Although the nature and circumstances of the crime of this case are not good, the defendant's depth is divided when he recognizes the crime of this case, there is no record of punishment or a fine heavier than that of the same crime, the defendant has been given official commendation as volunteer service activities several times, the fact that he wanted the defendant's wife, the defendant's health is not good due to urology, etc., the defendant's age, character and behavior, environment, motive, means and result of the crime of this case, and other various sentencing conditions of Article 51 of the Criminal Act as shown in the records of this case, such as the circumstances after the crime, etc., shall be determined as the same sentence as the order.