(영문) 수원지방법원 안산지원 2015.10.08 2015고단2218

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 안산지원 2015.10.08 2015고단2218

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor 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 July 10, 2015, the Defendant: (a) 23:10 on the road for one-way traffic path in front of the Dong-gu, Ansan-si; (b) was driving a motor vehicle in front of the motor vehicle under the influence of alcohol without any justifiable reason; (c) at that time, the Defendant sent the motor vehicle to the police box of the Ansan-gu Police Station C, the victim, who was under the influence of drinking driving, after receiving a report from the superintendent D belonging to the police box belonging to the relevant police box of the Ansan-gu, Ansan-gu, which was under the influence of drinking at that time and tried to take the Defendant into delivery for the purpose of the motor vehicle flow, and assaulted the victim at one time by drinking.

In the end, the Defendant interfered with legitimate execution of duties of police officers regarding the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of Acts and subordinate statutes in which a report of investigation is entered (packers E, F telephone investigation);

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;

1. In light of all the circumstances, the sentence of imprisonment shall be set within the scope of recommending punishment and the execution of imprisonment shall be suspended, taking into account the following: (a) the scope of recommending punishment for sentencing under Article 62-2 of the Social Service Order Act: (b) the scope of recommending punishment for the obstruction of performance of official duties; (c) the mitigation area (i) the Defendant has served a fine related to six times violence on the Defendant; (d) the Defendant exercised the direct tangible power to police officers; and (e) the Defendant has an attitude to recognize and reflect all of the instant crimes; and (e) the Defendant appears to be an incidental crime under the influence of alcohol.

It is so decided as per Disposition for the above reasons.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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