(영문) 의정부지방법원 2014.08.27 2014고단2181

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자간(%)

(영문) 의정부지방법원 2014.08.27 2014고단2181

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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

On June 17, 2014, around 19:45, the Defendant was arrested on the ground of the fact that the Defendant was designated by the police officers of the Namyang Police Station E-gu, the E-gu, the Namyang Police Station called up after receiving a report from employees and the police officers of the city due to the fact that the Defendant was in time.

On June 17, 2014, around 21:43, the Defendant threatened G by stating that “A police officers belonging to the above E district unit, who want to take the Defendant into the Southyang Police Station as a public defender, among those arrested at the E district unit of the Namyang Police Station E district in the Namyang-si, Namyang-si, the Defendant would have selected and appointed a public defender, but the Defendant was refused to take it into consideration.”

As a result, the defendant interfered with legitimate execution of duties concerning the arrest of a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. The sentence of Article 62(1) of the Criminal Code of the Suspension of Execution is based on the following factors: (a) the scope of the sentence of Article 62(1) of the Criminal Code of the Republic of Korea [the scope of the punishment of recommendation] is minor in the area of mitigation (one to eight months) (special mitigation) of the area of obstruction of performance of official duties; (b) the nature of the crime is poor; (c) the degree of assault, intimidation, and deceptive scheme is defective; and (d) there is no other criminal record than the fine of two million won for the crime of obstruction of official duties even in 2012; (d) there is no other criminal record except for the crime of obstruction of official duties; (e) the fact that there is no other criminal record than the fine of two million won; (e) the fact that the crime

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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