beta
(영문) 춘천지방법원 원주지원 2015.12.23 2015고단978

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 04:30 on October 20, 2015, the Defendant committed assault, such as assaulting, under the influence of alcohol, the Defendant, who received a 112-report that the Defendant satisfe the Defendant satisf, and solicited the Defendant to go to a different place from E belonging to the Kuju Police Station D District Unit of the Kuju Police Station called the Defendant to go to the police at a different place, and under the influence of alcohol, she would go to the satfe with the satfe with the satfe at the satfe at the sat.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Application of the sentencing criteria;

(a) Determination of types: Crimes of obstruction of performance of official duties, obstruction of performance of official duties, and Category I;

(b) Special-salvists: The degree of violence minor;

(c) Scope of recommendations: Reduction area, between - 8 months;

3. Determination of sentence: Imprisonment with prison labor for four months and one year of suspended sentence (in consideration of the reflectivity, the fact that a criminal record of a fine for violent crimes, the extent of damage, etc.);