(영문) 울산지방법원 2015.10.22 2015고단1910

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2015.10.22 2015고단1910

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 May 20, 2015, the Defendant: (a) around 00:0, the fire fighting boat located in the Namnam-gu, Ulsan-gu, Busan-do, 149, which was under the influence of alcohol and refused to pay the fare while using a taxi; (b) obstructed the disturbance of the taxi engineer, such as profesing the city fee and maring on the road; (c) E, a police officer belonging to the Seoul Southernnam Police Station D Zone, which was under patrol, took a look at the place of residence, etc. to prevent the Defendant, and to ascertain the situation; and (d) taken care of the said E’s chest and marbs in drinking; (e) fell into the ground floor by cutting the vehicle inquiry (PDA) of the said E on his hand; and (e) assaulted the said E’s chest at 2-3 times again.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of order of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and C;

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. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] There is no person who has a basic sphere (6-1-4 months) of the obstruction of performance of official duties (6-1-4 months) (limited to a person who has been specially punished] (decision of sentence] (decision of sentence), despite the previous convictions of the same kind, again commits the instant crime without weighting, and in light of the need for strict punishment to establish a state’s legal order and eradicate a light of public authority, etc., the Defendant cannot be exempted from the corresponding punishment.

However, in the favorable circumstances, such as the fact that there has been no history of punishment exceeding a fine, and that there is reflectiveness, etc., the punishment shall be determined like the order in consideration of the various sentencing conditions, such as the defendant's age, character and behavior

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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