(영문) 청주지방법원 2016.09.23 2015고단523

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(영문) 청주지방법원 2016.09.23 2015고단523

공무집행방해

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On March 26, 2015, at around 00:07, the Defendant: (a) on the front side of the D Mart located in Seo-gu, Chungcheongnam-gu; (b) reported on the use of a drunk person; and (c) served the Defendant at a place where the Defendant was in his house using the patrol vehicle; (d) however, the Defendant found the Defendant’s backing at a distance and demanded the Defendant to return back to his house; and (e) upon the Defendant’s request to the F to return home, the Defendant “any person inside China”;

B. On the one side of the test, F was able to take up the Defendant’s finger at approximately three times with the hand floor, and F was able to take up the Defendant’s finger, and the f was able to take up the Defendant’s face again, and f was able to take up the f’s face on the F’s blick, and used the f’s bridge while carrying out the F’s bridge to the Cheong-ju Police Station after the arrest of a flagrant offender.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reported duties.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement;

1. Application of Acts and subordinate statutes to arrest and report cases;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment.

1. The sentence identical to the order shall be determined by comprehensively taking into account the following conditions of sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age, occupation, sex, family relationship, and the circumstances before and after the commission of the crime.

Unfavorable circumstances - Before the police officer who recommended him/her to take a bath, the police officer's assault to interfere with the performance of official duties, and the degree of violence is not easy.

The favorable circumstances - mistake is divided.

- There shall be no previous convictions of fine and no more than one time of suspension of execution.

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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