beta
(영문) 전주지방법원 군산지원 2017.10.18 2017고단897

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 30, 2017, at around 15:15, 15, the Defendant: (a) expressed that “the police officer’s scars are not necessary; (b) the police officer’s fests are unnecessary; (c) the police officer’s fluences are fluored, and the death is discarded,” on the ground that the Defendant was unfluored to ask questions about personal information, etc. from the slope E belonging to the D District Team of the Hasan Police Station, which was called up as a joint request for fire-fighting by the former North Korea Fire-Fighting headquarters, in the presence of the police officer at around 15:15, the Defendant interfered with the police officer’s legitimate performance of duties concerning the dispatch of the vehicle and the public security.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. 112 Application of Acts and subordinate statutes to the detailed statement of reported case settlement;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] Article 62(1) of the Criminal Act where the degree of interference with the execution of official duties (one month to eight months) in the mitigated area (i.e., assault, intimidation, deceptive scheme, or obstruction of official duties) (i.e., a special mitigated person] is minor; (ii) the nature of the crime of this case in which the defendant used violence to a police officer carrying out official duties is minor, but the nature of the crime of this case in which he/she used violence is minor; however, the defendant is against his/her mistake; (iii) the defendant has no record of being punished for the same crime; (iv) the defendant has no record of being punished for the same kind of crime; and (v) the circumstances leading to the occurrence of this case;