(영문) 인천지방법원 2015.04.09 2015고단277

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2015.04.09 2015고단277

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, 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 23:09 on December 13, 2014, the Defendant recognized a criminal facts by rhythizing the facts charged to the extent that it does not pose a substantial disadvantage to the Defendant’s exercise of the Defendant’s right of defense. The Defendant stated that, “I will see why I would see, ? I will we we see, ? I will we we we see, ? I will see, ? I will see, ? I will see, e.g., the victim’s breast at the front of the Incheon Jung-gu Incheon Central Police Station B, after receiving a report of illegal parking and violence.”

Accordingly, the defendant was arrested as an offender in the crime of obstruction of performance of official duties and was on board the patrol vehicle, and as a person suspected of assaulting the defendant, was released from the patrol vehicle to verify the facts at the request of the Inspector E, the defendant obstructed legitimate execution of official duties concerning the handling of 112 reported cases by the police by drinking method when he gets off the left side of E by hand and her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The reason for sentencing under Article 62(1) of the Criminal Act is that there is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (the decision of sentence), [6 to 1 year and 4 months] (the person who is specially punished] (the decision of sentence] in depth reflects the crime from the stage of investigation, violence and other criminal records, but there has been no criminal records since 2001, and the punishment as indicated in the order shall be determined by taking into account the circumstances

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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