(영문) 춘천지방법원 강릉지원 2014.10.22 2014고단790

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굵기

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자간(%)

(영문) 춘천지방법원 강릉지원 2014.10.22 2014고단790

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 5, 2014, at around 00:23, the Defendant: (a) committed assault, such as assaulting the police officer’s 112 report that the Defendant 112 reported that the Defendant did not pay the drinking value, namely, slope E, and slope F paid the drinking value to the Defendant; and (b) assaulting the police officer’s 112 report that he did not pay the drinking value to the Defendant; (c) upon the demand for E identification card, the Defendant obstructed the police officer’s legitimate performance of duties regarding the mobilization pursuant to the 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order include the defendant's wrong recognition and penology, the fact that the defendant is not in a good health condition such as receiving the surgery of the above cancer, the victim's damage level is relatively minor, and the law and order of the State is established in order to eradicate the light of public authority, there is a need to strictly punish the crime of the obstruction of performance of official duties. The defendant has the records of punishment for the same kind of crime, and all other circumstances that form the conditions for sentencing such as the sentencing such as the unfavorable circumstances, the defendant's age, character and behavior, family relationship, the circumstances of the crime of this case, and the future progress, etc., shall be determined within the scope of the sentencing guidelines (within the scope of imprisonment with prison labor for the category of the obstruction of official

It is so decided as per Disposition for the above reasons.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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