(영문) 서울북부지방법원 2015.10.14 2015고단2839

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(영문) 서울북부지방법원 2015.10.14 2015고단2839

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

At around 04:00 on August 14, 2015, the Defendant: “Around 04:00, the Defendant was asked for a question about personal information from D’s situation where he was called to the site after receiving a report of 112 that “A certain person is under influence of alcohol”; and, at the same time, the Defendant was asked for a question about the personal information from D’s situation where he was affiliated with the Seoul Central Library Police Station C police Station that was called to the site.”

As a result, the defendant interfered with the legitimate execution of duties by police officers concerning the 112 criminal reporting processing duty.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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

1. The reason for sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] The scope of balancing between the applicable sentencing range and the recommended sentencing range (6-1-4 months) of the basic area (6-1-6 months) of the obstruction of performance of official duties: the crime of obstruction of official duties committed in June-1 and April (the decision of sentence] is a crime that undermines the function of the State by nullifying legitimate exercise of public authority, and thus, it is necessary to strictly punish the crime in order to establish the legal order of the State and eradicate the light of the public authority.

However, when the defendant committed the crime in this case, the defendant repents and reflects his mistake, and the defendant is only the criminal record of a fine, and the defendant is not only the criminal record of a fine, and the defendant's age, character and behavior, environment, motive, means and result of the crime, the circumstances after the crime, etc. shall be determined as the same as the

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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