(영문) 광주지방법원 2020.06.11 2020고단14

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2020.06.11 2020고단14

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, 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

On November 22, 2019, the Defendant: (a) Nasi-si B and C University (hereinafter “C University”) sent a vision for the taxi engineer D and the route of operation; and (b) sent out after receiving the aforementioned D’s report, expressed the desire to F, a guard belonging to the E zone of the B police station, such as whether the taxi engineer is a police officer; (c) f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f, f

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Investigation report (to attach field photographs and CCTV images);

1. Application of field photographs and CCTV video-related 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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] There is no obstruction of performance of official duties or coercion of official duties (special person] (the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for six months and suspension of execution for two years, the crime of this case is likely to be socially criticized as the defendant takes a bath against police officers who perform official duties and uses violence.

However, in light of the fact that the defendant recognized his mistake and reflects, there is no record of criminal punishment since 2003, and there is no record of being sentenced to criminal punishment after 2003, and the fact that it appears to have been under the influence of alcohol at the time of the crime of this case, a suspended sentence of imprisonment

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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