(영문) 수원지방법원 안양지원 2015.06.12 2015고단507

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 안양지원 2015.06.12 2015고단507

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 2, 2015, the Defendant: (a) was under influence of alcohol in the front of the Gu in Ansan-si; (b) the Defendant was dispatched to the site after having received a report of 112 that the police officer belonging to the police station C district unit of the police station was used by the host during the safe period; and (c) the Defendant was asked the address and contact address of the Defendant under the influence of alcohol; (d) the Defendant did not answer any question; (c) the Defendant was able to verify the personal information of the pocketbook in front of the Defendant’s Australian-si; and (d) the Defendant was able to look at the left face of the said E on one occasion on the top of the defective hand in order to verify the personal information of the pocketbook in front of the

As a result, the defendant interfered with legitimate execution of duties concerning the dispatch of 112 reports by police officers and crime prevention and maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the police officer in relation to E;

1. Application of the photographic Acts and subordinate statutes;

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;

1. The reason for sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] There is no basic area (6-1-1-4 months) of the obstruction of performance of official duties (6-1-4 months) (the decision of sentence] (the decision of sentence was made), and re-offending after being sentenced to the suspension of execution due to the crime of obstruction of performance of official duties, etc. in 2013 is disadvantageous to the defendant.

On the other hand, the fact that it appears to have committed any contingent crime while under the influence of alcohol, and that it seems that it will continue and live in the future while committing any crime is favorable to the defendant.

Comprehensively taking account of these circumstances, the sentence as ordered shall be determined.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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