(영문) 의정부지방법원 고양지원 2016.05.19 2015고단3694

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 고양지원 2016.05.19 2015고단3694

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:20 on October 28, 2015, the Defendant: (a) stated that “D” at the main point of G, Seo-gu, U.S. 1, U.S., Seo-gu, U.S. and U.S., U.S. (hereinafter “D”); (b) stated that “I will take care of a police officer’s face; (c) I would like to take care of the police officer’s face; and (d) requested the police officer to pay the drinking value and present his identification card; and (e) I would like to take care of the police officer’s face when I would take care of the police officer’s face; and (e) I would like to commit an assault by the police officer.

Accordingly, the defendant interfered with the legitimate performance of official duties by the police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Application of laws and regulations as a result of the reproduction of video CD No. 7 of the evidence list in this Court

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of criminal facts and the selection of a sentence to a new punishment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Community Service and Order to Attend Courses;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Application of the sentencing criteria [Determination of the type] Crimes obstructing the performance of official duties, interference with the performance of official duties, and no type 1 [the person subject to special sentencing] (the decision of the recommended sentence] basic area, June 2 and April 1.

3. Two years of stay of execution, etc. in the eight-month period of imprisonment with prison labor for a decision of sentence (including the background and result of the crime, the police officer wanting to find the defendant's wife, the defendant does not have the same criminal record and has no criminal record of stay of execution or more, and there is a family member who will support the defendant and

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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