(영문) 청주지방법원 2017.02.16 2016고단308

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Reasons

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자간(%)

(영문) 청주지방법원 2017.02.16 2016고단308

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 12, 2015, the Defendant arrested himself as a suspect suspected of interfering with the performance of official duties from the C District District of the Chungcheongnam-gu Seoul Police Station, Chungcheongnam-gu, Chungcheongnam-gu, Seoul around 01:5 on December 12, 2015 to the police officer.

It was demanded that the disturbance be returned to Korea due to the continuous sound and the desire of the public, etc.

The Defendant continued to 05:26 the same day on the street in front of the said district, and continued to read “E,” and again intending to enter the district, the Defendant, including D, into the district, and assaulted the police officers, such as D, by walking the left side of D on one occasion.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement made by the police against D;

1. A written statement;

1. Report on investigation (investigation, etc. of suspect's criminal records);

1. Explanation of photographs and application of CCTV video-related Acts and subordinate statutes;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, the reasons for sentencing of sentence of imprisonment with prison labor, and the reasons therefor;

1. Type 1 (Interference with the performance of public duties and coercion of duties) that interferes with the execution of public duties within the scope of the recommended sentencing criteria; and

2. On August 12, 2013, the Defendant selected a sentence: (a) was issued a summary order of KRW 3 million by obstructing the performance of official duties at the Cheongju District Court on two occasions; and (b) was also punished by obstructing the performance of official duties; (c) there are many criminal records of violence; (d) the degree of interference with the performance of violence and official duties; (e) the Defendant’s age, sex and behavior; (e) details leading to the commission of the crime; and (e) circumstances after the crime, etc., taking into account all the sentencing conditions unfavorable to the Defendant, such as

참조조문

-형법 제136조 제1항

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