(영문) 인천지방법원 2016.05.12 2016고단1400

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2016.05.12 2016고단1400

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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

On February 9, 2016, the Defendant does not pay a taxi fee in front of the new public security center located in the Seo-gu Incheon Family, Seo-gu, Incheon, Seo-gu, 333.

The 112 reported by the 112-2 taxi engineer B, who was sent to the Seo-gu Incheon Police Station C District of the Seo-gu Incheon Police Station D, the police officer Eul prevented the defendant from acting, and asked the defendant's personal information. The reporter "I am the same bit of bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of

Accordingly, the defendant interfered with legitimate execution of duties by police officers on criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of B’s written laws and regulations;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (from June to one year and four months) (no person in special sentencing) shall interfere with the performance of official duties;

2. Although the decision-making defendant should be strictly punished for exercising force against the police officer who performed official duties, the sentence like the order shall be determined by comprehensively taking into account the following factors: (a) the defendant is the first offender and appears to recognize and reflect his/her criminal act; and (b) the defendant's age, occupation, sex, environment, and circumstances before and after the instant crime.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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