(영문) 청주지방법원 2018.07.12 2018고단248

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(영문) 청주지방법원 2018.07.12 2018고단248

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 24, 2017, around 00:15, the Defendant recommended a policeman, who is a police officer of the foregoing global police station, to have a taxi fee paid and returned to the Defendant, because he did not pay a taxi fee under the influence of alcohol at a Cdistrict parking lot of the Cheongju-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju-gu, Chungcheongnam-gu, Cheongju-si, B.

B. The 81st anniversary of the 81st anniversary of the Plaintiff’s son’s son’s son’s son, and assaulted the said D’s son’s son’s son’s son’s son’s son’s son.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers working in the earth.

Summary of Evidence

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

1. Statement made by the police against D;

1. The E’s statement [it is acknowledged that the Defendant was under the influence of alcohol at the time of the instant crime, but it does not seem that the Defendant did not have or lacks the ability to discern things or make decisions.]

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In order to establish a legal order on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act and eradicate the light of the public authority, the punishment as ordered shall be determined by taking full account of the unfavorable circumstances, such as the need to punish the crime of interference with the performance of official duties, and the fact that there is no other criminal record, including the punishment of three times a fine due to the crime of drinking driving, and other favorable circumstances, such as the Defendant’s age, sex, motive, means and consequence of the crime, and the circumstances after the crime, etc., and all of the circumstances constituting the sentencing conditions indicated in

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

유사 판례

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