beta
(영문) 인천지방법원 부천지원 2015.03.26 2015고단265

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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

On November 30, 2014, the Defendant: (a) 20:14, when drinking alcohol at “C” main points located in Oracheon-gu, Oracheon-gu, Oracheon-si B, and received 112 reports from the said main main points business owner; (b) took a bath to the above E, who was called the “spawn” from the police officer E belonging to the Oran Police Station D District Unit of the Oran Police Station called the said E; and (c) took the bath to the said E on his hand, and obstructed police officers’ legitimate performance of duties concerning the handling of the 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. G statements;

1. Application of the Acts and subordinate statutes to photograph by a copy of work log or a cell phone image closure;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. The scope of recommendation [decision of type] The sentencing criteria for crimes of obstruction of performance of official duties, the obstruction of performance of official duties, and the first category [the scope of recommendation] (the scope of recommendation), six months to one year and four months (basic area).

2. Determination of sentence: Imprisonment with prison labor for six months, a stay of execution for one year, and a defendant for community service 40 hours, even though he had a record of punishment twice for the same crime, repeats the crime without being aware of it.

However, considering the fact that the degree of assault in this case is not much serious, that the defendant seems to have caused the crime in this case by contingency under the influence of alcohol, that the defendant has no record of criminal punishment exceeding the fine, and other circumstances such as the age, character and conduct of the defendant, and circumstances after the crime, etc., the punishment shall be determined as ordered.