(영문) 제주지방법원 2015.06.24 2015고단482

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(영문) 제주지방법원 2015.06.24 2015고단482

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

At around 21:20 on February 22, 2015, the Defendant: (a) obstructed the front of the above Hampo G in order to drive away from the police box of the Seocho-gu Police Station, where D, who was his/her scam in the drive of the Epoter, while driving his/her scam in Seopo-si, and tried to drive away from D, with the purport that D, in front of the above Hambra, is the escape, and obstructed the front of the said Hampo G; and (b) obstructed the left side of G with his/her left hand and pushed off G with his/her hand; and (c) maintained G with his/her dust, thereby preventing the Defendant from driving into D.

Accordingly, the Defendant assaulted G and interfered with the legitimate performance of duties by police officials related to criminal investigations, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to the I Statement;

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

1. The sentencing guidelines for the sentencing of Article 62 (1) of the Criminal Act on the grounds of the suspended sentence are as follows: The range of sentencing guidelines for the sentencing of Article 62 (1) of the Act on the Suspension of Execution [the scope of sentence for the obstruction of performance of official duties, the obstruction of performance of official duties, the first category (the obstruction of performance of official duties/performance of duties), the mitigation area, the mitigation area, the imprisonment not more than eight months] and the following circumstances: The fact of crime is recognized and reflected; there is no record of criminal punishment or criminal punishment heavier than the fine for the same crime; the degree of the exercise of force against police officers is relatively unreasonable: The defendant's punishment is limited to the police officers under the control of drunk driving so that the defendant's punishment can escape by exercising violence against him/her; it is not good that the crime is committed

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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