(영문) 대전지방법원논산지원 2020.12.15 2020고단520

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원논산지원 2020.12.15 2020고단520

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor 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

1. On September 30, 2020, the Defendant: (a) assaulted the Defendant on the road in front of “Ccafeteria” located in Seosan-si B on September 30, 2020; and (b) assaulted the F’s head head part at one time as a drinking and sprink, in order to restrain the Defendant to sit on G straw drive seat of the Kusan Police Station D District Unit, and F, in order to stop the Defendant from sitting on G strawet, and assaulted the Defendant at one time as a drinking and sprink.

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

2. At around 00:20 on September 30, 2020, the Defendant: (a) assaulted Dara and the above I’s back part of the backline one time to left, in order for the Defendant to grasp the Defendant’s personal information, circumstances of the case, etc., while the Defendant was arrested and taken into custody as an flagrant offender under suspicion of obstruction of performance of official duties as stated in paragraph (1).

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's written statement E, F, and I to each police officer's written statement;

1. Based on the relevant legal provisions regarding criminal facts, Article 136(1) of the Criminal Act regarding the choice of punishment, Article 62(1) of the Suspension of the Execution of the Punishment of Imprisonment for the Punishment of Social Service Act Article 62-2 of the Criminal Act, the following factors are considered to be considered in light of the developments leading up to, methods of, and degree of, and the degree of damage inflicted upon the police officers of the defendant for the reason of sentencing under Article 62-2 of the Social Service Order Act, the intent of the victimized police officers, their criminal record relation, the criminal record relation and degree of reflectability of the defendant, other factors

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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