(영문) 의정부지방법원 2020.10.12 2020고단3693

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(영문) 의정부지방법원 2020.10.12 2020고단3693

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

At around 02:25 on June 20, 2020, the Defendant received 112 reports, and expressed that “A person who is requested to return home from D in the circumstances belonging to the Namyang Police Station, who called to the said site, “I am sp. Sp. Sp. Sp. Sp. Sp. Sp. Sp. Sp. Sp. Sp. Sp. Sp. Sp. Sh. Sp. Sh. Sp. Sh. Sh. Sp. Sh. Sp. Sp. Sh. Sp. Sh. Sh. Sh. Sh. Sh. Sh. Sh. Sp. Sp. Sh. Sp. Singing D’s p. Sp.sp.sp.sp.s.s.s.

As a result, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Act and subordinate statutes of investigative report (verification of black stuffs) and black stuffs photographs;

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. The scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties: There is no person who has a category 1 (the obstruction of performance of official duties or coercion of duties) (the area of recommendation and the scope of recommendations] (the scope of recommendations and recommendations), basic area; six months to one year and six months;

2. Determination of sentence: Imprisonment with prison labor for six months, a crime of obstruction of performance of official duties for one year needs to be punished strictly for a crime detrimental to the functions of the State by obstructing the exercise of legitimate public authority.

The defendant, upon receipt of a report 112, has interfered with the legitimate execution of duties by a police officer by exercising force against the police officers dispatched, and the nature of the crime is not easy.

However, considering favorable circumstances, such as the Defendant’s confession of the instant crime and the degree of tangible power exercised by the Defendant, relatively minor, and the fact that there was no record of criminal punishment since 2004, various sentencing conditions, such as the Defendant’s age, character and behavior, environment, motive and background of the instant crime, method and consequence of the instant crime, etc.

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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