beta
(영문) 수원지방법원 여주지원 2017.01.11 2016고단1098

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On September 11, 2016, the Defendant: (a) 23:00 on September 11, 201, 2016, the victim B (52) was on board a cab operating in the YYA and took a bath without any reason; and (b) did not get off the cab before the front of the same Sisan High School, the purpose of which is the same while the Defendant was being drunk; (c) as the victim was reported to the police getting off from the cab, the Defendant her own car, led the victim’s head debt, led the victim’s face, body, body, and bridge part by assaulting the victim about about 20 weeks, leading the victim’s head, leading the victim’s head debt, leading the victim’s body face, body, and the bridge part to the victim.

2. The Defendant interfered with the performance of official duties, who was arrested from the police officer E belonging to the Dongcheon Police Station D police station of the Gyeonggi-do Police Station and was escorted to the patrol officer (F) after receiving 112 reports at the time and place specified in paragraph 1, and was escorted to the said E.

At the time of coming into the Republic of Korea, the family member saw all of them as "I am dead, saw down, and discarded," and assaulted the victim's hand in which I am the head and am the body of the victim in which I am the video is taken, and am the victim's body is sealed.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the escort of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and B;

1. Investigation reports (on-site situations, etc.), investigation reports (in the course of escort and notification of arrest and detention);

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the first crime (Interference with the performance of official duties) (the scope of recommended punishment) [the scope of punishment] that interferes with the performance of official duties. The basic area (the obstruction of the performance of official duties and the coercion of duties) (the period between June and January 4 months].