(영문) 창원지방법원 2014.08.19 2014고단1114

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자간(%)

(영문) 창원지방법원 2014.08.19 2014고단1114

공무집행방해

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That 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

At around 01:20 on April 25, 2014, the Defendant: (a) sought alcohol at the Jinhae Police Station Down-gu, Jinhae Police Station D, which was located in the Jinhae-si, and resisted to collect taxi expenses; (b) notified the Defendant of the treatment procedure; (c) on the other hand, the Defendant continued to be informed to the said police officer of the defect that the Defendant was to drive in order to carry out the patrol, and (d) prevented the Defendant from operating the patrol, such as placing the defect on the back of the patrol while placing the patrol vehicle into the rear wheels of the patrol vehicle and placing it on the road.

Accordingly, the defendant interfered with legitimate performance of police officer's patrol duty.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F and G;

1. Application of ct-V photographs Acts and subordinate statutes

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

2. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation] The reason for the sentencing of Article 62(1) of the Criminal Act [the grounds for sentencing] is that there is a need for strict punishment for the crime of obstruction of performance of official duties in light of the fact that there is a need for strict punishment for the crime of obstruction of official duties in order to establish the legal order of the State and eradicate the situation of the public authority.

However, it shall be considered that there is a family member to support the defendant's wrong and reflects the defendant's wrong, and the fact that there is a family member to support the defendant shall be considered as a favorable condition. In addition, the punishment shall be determined as ordered by considering all circumstances, such as the background of the occurrence of the crime, the degree of violence,

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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