(영문) 의정부지방법원 2017.12.18 2017고단5009

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크기(pt)

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자간(%)

(영문) 의정부지방법원 2017.12.18 2017고단5009

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 13, 2017, the Defendant: (a) 19:33, when he was fluenced in front of the building B, and was asked about his personal information from C police box slope D who was dispatched upon receipt of a report, and committed assault, such as: (b) intending to talk about the said D’s body, stating, “I am out, sweet, sweet, bitch, bitch, bitch, bitch bitch.” (a) brea the body of the said D’s body, fluently, by hand, and threatening the D’s body by hand, and fluening it into another hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of reported cases by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Application of Acts and subordinate statutes governing the division for handling reported cases;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) [the scope of statutory penalty] imprisonment with prison labor for not more than five years [the scope of punishment] The basic area of obstructing the performance of official duties among the groups that interfere with the performance of official duties [the scope of recommended punishment]: From June to June [the decision of sentence], and from June to June, the act of assaulting the police in uniform 2 years from the suspension of execution with prison labor is required to be strictly punished.

However, the sentence of imprisonment shall be imposed on the defendant and the execution thereof shall be suspended in consideration of the fact that the defendant is living against the confession of the crime and that there is no criminal record of the same kind or any criminal record of suspended execution

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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