(영문) 의정부지방법원 2017.07.31 2017고단2748

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2017.07.31 2017고단2748

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 31, 2017, the Defendant used the “C” on around 04:10 on May 31, 2017, which is located in B 3th, as an issue of calculating the drinking value with his/her employees and police officers, who were dispatched to the site after having received a report of 112, used them to pay the drinking value and have them returned home, and used them to do so by hand while taking a bath for E, and used them as a wall.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. A statement of the F;

1. On-site photographs, written opinions, and the application of film statutes;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) [the scope of statutory penalty] imprisonment with prison labor for not more than five years [the scope of punishment] The basic area of obstructing the performance of official duties among the groups that interfere with the performance of official duties [the scope of recommended punishment]: From June to June [the decision of sentence], and from June to June, the act of assaulting the police in uniform 2 years from the suspension of execution with prison labor is required to be strictly punished.

However, the sentence of imprisonment shall be imposed on the defendant and the execution thereof shall be suspended in consideration of the fact that the defendant is living against the confession of the crime and that there is no criminal record of the same kind or any criminal record of suspended execution

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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