(영문) 창원지방법원 2013.08.09 2013고단1174

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자간(%)

(영문) 창원지방법원 2013.08.09 2013고단1174

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

Around 23:45 on April 30, 2013, the Defendant: (a) was sent to the Crain Bank located in Kimhae-si B with a report that the Defendant did not pay the drinking value; (b) was sent to the patrol vehicle by a slope E belonging to the D District of Kimhae Police Station D District of the Kimhae-gu Police Station, which was called to pay the drinking value; and (c) the Defendant returned to the said singing room again; (d) he was going to the said singing room, the Defendant called “Woman E” to “Woman’s kis, a driver kis, a driver kis, a driver kis, a driver kis, and he will not take the face of E, and (e) the Defendant was urged to go home from E, who was sent from the patrol vehicle on one occasion, and was urged to go home from E, and (e) the Defendant was able to commit any assault, such as assaulting the chest of E.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of F’s written 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 (The following extenuating circumstances among the reasons for sentencing);

1. The types of punishment for the reason of sentencing under Article 62-2 of the Probation Criminal Act are imprisonment, considering the fact that the defendant, who has a large number of violent power and has been punished by a fine due to damage to public goods in 2010, also committed the crime of obstruction of performance of official duties in this case.

However, the execution of a sentence shall be suspended at once only in consideration of the fact that the defendant is against the mistake, the circumstances leading to the crime, the circumstances after the crime, the family relationship of the defendant, etc., and probation shall be added in consideration of recent violent power, etc.

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

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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