(영문) 의정부지방법원 2016.03.18 2015고단5006

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2016.03.18 2015고단5006

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to two years of suspended execution on April 30, 2015, by obstructing the performance of official duties in the Incheon District Court’s Branch Branch, on May 8, 2015, and the judgment became final and conclusive on May 8, 2015, and is currently under suspended execution.

[2] On December 28, 2015, the Defendant was under the influence of alcohol in the building C at the Government-Si of Gyeonggi-si, Gyeonggi-si, 15:40 on December 28, 2015, and was subject to a disposition of disturbance from the head of the Dong-gu Police Station D police station affiliated with the Gu-gu Police Station D police station called on the site upon receipt of 112, and was subject to a disposition of disturbance, the Defendant expressed the notification in the face of the above E while intending to talk, carried the face of the above E, sealed the head of the face of the above E, pushed the body of the chest, pushed the body of the chest to the right side of the face of the above E.

Accordingly, the defendant interfered with legitimate execution of duties regarding the suppression of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Investigation report (Investigation into a wooden phone);

1. A written statement;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes of investigation reports (Attachment of previous convictions and related court rulings);

1. The defendant shall not be sentenced to a suspended sentence on the grounds that he/she was sentenced to a violation of Article 136(1) of the Criminal Act that prevents the execution of official duties in the sentencing period due to a violation of the relevant provision of the Act and Article 136(1) of the Criminal Act on the selection of the relevant criminal facts, and that he/she committed a crime that interferes with the performance of official

However, in this case, it is decided as per the Disposition in consideration of the fact that the degree of the assault is not excessive and that the victim does not inflict any injury, reflects against the fact that the assault is divided, etc.

참조조문

-형법 제136조 제1항

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