(영문) 서울동부지방법원 2014.04.15 2014고단443

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(영문) 서울동부지방법원 2014.04.15 2014고단443

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:20 on February 24, 2014, the Defendant: (a) sealed C’s chests with approximately 10 minutes of a 10-minutes, i.e., the Song Police Station B District, which was called by a drunk person upon receipt of a report that he was diving in the store; (b) on the ground that C was trying to shoulder a person who was drunk in the Defendant’s side, and (c) the Defendant was under drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on crime prevention and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Written statements of D;

1. Application of the photographic Acts and subordinate statutes;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Obstruction of the performance of official duties: Obstruction of the performance of official duties;

2. Mitigation elements of special persons: Where the degree of violence, intimidation, or deceptive scheme is insignificant;

3. Reduction area of the recommended field; and

4. Imprisonment with prison labor for not less than one month but not more than eight months; and

5. Grounds for major deliberation as to whether to suspend the execution: Where the degree of violence, intimidation, or deceptive scheme is insignificant, the grounds for general deliberation: Before the suspension of the execution on at least two occasions and the grounds for general participation: It is obvious that social relationship is.

6. Selection of imprisonment for a criminal defendant who has been sentenced twice a suspended sentence due to an act of violence, etc. and who has been sentenced to a number of fines for a crime entailing violence in the recent years shall be made by repeatedly choosing imprisonment with prison labor: Provided, That the punishment shall be determined as per the order, taking into account the fact that the form of the crime in this case is not much serious, and that it is against the nature of the crime, etc.,

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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