beta
(영문) 수원지방법원 안양지원 2019.09.19 2019고단1333

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 16, 2019, from around 06:55 to around 08:55 on the same day, the Defendant was arrested if he continued to refuse to pay the drinking value while he received a report from the head of Si/Gun/Gu police box sent at around 09:55 on July 16, 2019, after drinking off D and alcohol, from 'Cju', from 'Cju', and received a report from 112 of E and E, and recommended him to pay the drinking value. At around 10:10 on the same day, the Defendant ambling the inside part of the police officer at his own head.

Accordingly, the defendant, upon receiving 112 reports, interfered with legitimate execution of duties concerning the prevention, suppression, investigation, etc. of police officers dispatched.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. E statements;

1. A investigation report (verification of CCTV video data from the Cudio point);

1. Application of statutes on site photographs;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the punishment of imprisonment] the obstruction of performance of official duties [the category 1]/ the coercion of official duties (the scope of the recommended area and the punishment of recommendation] basic area, six months to one year and six months;

2. Circumstances unfavorable to a sentence: The Defendant, without any particular reason, committed a direct assault against a police officer on duty.

In order to protect the legitimate functions of the nation and establish a sound social order, strict punishment is needed for the obstruction of performance of official duties.

A favorable circumstances: The defendant is recognized as committing a crime and is against the defendant.

No person shall have any other penal power except before a fine is imposed for a period of twenty-five years.

The punishment shall be determined in consideration of the following circumstances, such as the age, character and conduct, family relationship, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime.