beta
(영문) 수원지방법원 안양지원 2018.05.30 2017고단2448

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 9, 2017, the Defendant: (a) at the Defendant’s residence located in Sinpo City C and 202 around 21:0 on December 21:0, 2017; (b) at the Defendant’s residence located in the Gyeonggi Gun Police Station D District E (31) located in the Gyeonggi Gun Police Station, which received 112 reports and sent to the husband; (c) at the time of drinking slope E, the Defendant saw the breast part of the breast part of the drinking slope E at two times; and (d) the Defendant was arrested as a flagrant offender in suspicion of interference with the performance of official duties; (c) on the part of the Defendant, the Defendant demanded to keep the lock back on one occasion; and (d) on one occasion, the lower part of F’s bridge, which was sent to the front part of F’s bridge at one time, and (e) during the process of the instant report and arrest of police officials, the Defendant carried out legitimate execution of duties by the police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Application of the Acts and subordinate statutes to investigation reports (in case of motion pictures taken on the spot);

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Sentencing under Article 62(1) of the Criminal Act (the following sentencing is favorable) - The punishment is due to the gravity of violence committed against police officers and the circumstances before and after the commission of the crime, etc. - The crimes are very serious in light of the degree of violence committed against police officers and the circumstances before and after the commission of the crime - The favorable circumstances: The defendant has mistakenly recognized his/her mistake, the fact that he/she is pregnant and there is no previous conviction