(영문) 수원지방법원 2015.09.09 2015고단2765

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2015.09.09 2015고단2765

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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 May 27, 2015, at around 02:05, the Defendant reported that the proprietor was in front of the 'D' restaurant in Suwon-si, Suwon-si, Suwon-si, the police box affiliated with the Suwon-nam Police Station Emb box called the Defendant, shouldered the Defendant, asked the Defendant at his address, and asked the said F F to write down the said F by gathering of plastics, and intending to get the said F by putting him out of the front side of the box, and the said F was removed by the slope G and the said F and the said F, with one hand at the right face of the said F on the floor.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reports by police officers and the protection of the hosts.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the respective Acts and subordinate statutes of H and I

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The basic area of Article 62(1) of the Act on the Suspension of Execution [Scope of Punishment] / Where the degree of violence, intimidation, and deceptive scheme is insignificant [Special Mitigation] / [Determination of Sentence] unfavorable circumstances: (a) the police officer in the performance of official duties uses violence to a police officer in the performance of official duties and obstructs his/her performance of duties; (b) the circumstances favorable to the necessity of punishment; (c) the degree of violence, intimidation, and deceptive scheme is high; (d) the degree of violence, intimidation, and deceptive scheme is very important; (d) the person is not very serious; (e) the person appears to be a contingent crime under the influence of alcohol; (e) there is no previous conviction or previous conviction; and (e) the person is determined as the sentence as per the Disposition

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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