(영문) 춘천지방법원 2015.02.05 2014고단1342

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자간(%)

(영문) 춘천지방법원 2015.02.05 2014고단1342

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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 November 11, 2014, at 21:06, the Defendant: (a) took the attitude of the Defendant to see the face of the said D on the Defendant’s hand; (b) took the attitude that “I would like to see why I would have been dispatched later; (c) I would like to see the Defendant’s report of sexual traffic reported by the Defendant on the street in front of the “Cel” located in Chuncheon-si B, Chuncheon-si; and (d) assaulted the Defendant, on the part of the Defendant, i.e., the part of the clothes of the said D on a one-time basis.”

In the end, the Defendant interfered with the legitimate execution of duties by police officers concerning the maintenance of public peace and security and the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of F’s written Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for the sentencing of Article 62-2 of the Social Service Order Act [Determination of the type of obstruction of performance of official duties] The basic area of [decision of the recommended area] 6-1 year and 4 months / [the scope of the recommendation area] - The reason for general reference: there is no criminal conviction or more than positive suspension of execution / [decision of sentence] the defendant has two criminal records of violence, the defendant does not agree with the victim, and the defendant does not agree with the victim of the crime of this case, and there are favorable circumstances, such as the defendant expressed his intention of reflect, and there is no record of criminal punishment heavier than the fine, and the defendant has no record of criminal punishment heavier than the fine. Such circumstances are determined as per the order, taking into account the degree of obstruction of performance of official duties, character and conduct of the defendant, the environment, and other various circumstances

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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