(영문) 창원지방법원 통영지원 2016.10.14 2016고단1265

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 통영지원 2016.10.14 2016고단1265

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On July 10, 2016, at around 22:33, the Defendant: (a) received a report on the fact that the proprietor was used on the front of the C cafeteria located in C cafeteria B, and received a request for returning home from E from a policeman belonging to the D District Unit of the G District District District District in the Oral Police Station, and (b) took the bath to E, “I am in accordance with the night, so that I am spatch.”

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. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of the Acts and subordinate statutes to a CCTV image closure photograph;

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

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing factors of the second sentence sentence that are disadvantageous to the execution of official duties: The scope of the recommended punishment according to the sentencing guidelines shall be limited to the execution of official duties: the sentencing factors of the crime of this case, which are disadvantageous to the execution of official duties, are committed against the police officers who perform official duties, and whose nature of the crime is not minor: the crime of this case is committed against the police officers who perform official duties, and the crime of this case has no criminal record of suspended execution since 2004; the defendant is against the defendant; the defendant's age, character and behavior, environment, motive for the crime of this case, and all of the sentencing conditions stated in the arguments and records of this case shall be determined as the order

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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