(영문) 수원지방법원 2017.04.27 2016고단8131

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2017.04.27 2016고단8131

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 10, 2016, the Defendant 00:40 around 00:40 on December 10, 2016, within the D restaurant located in C, and “I am a fright by drinking a part of the guest.”

“ .” Upon receipt of a report 112, the 112 Report sent out at one time the face of the F was taken by hand from the Ethical F of the E District Police Station Ethical Police Station of the Sungsung Dong-dong Police Station in order to have him returned home from the sloping F.

Accordingly, the defendant interfered with the legitimate performance of public duties by police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes for reporting internal accidents;

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution (The following conditions favorable to the defendant among the reasons for sentencing) / [the scope of the recommended sentence] The area where the sentence is mitigated under Article 62(1) of the Criminal Act (the conditions favorable to the defendant among the reasons for sentencing) / [the scope of the sentence for which the degree of assault, intimidation, and deceptive scheme is minor: One month to eight months (the person subject to special mitigation] - The scope of the sentence for which the sentence and the recommended sentence are similar: One month to one month [the sentence] - One time before and after the sentence that is unfavorable to the defendant - there are two times before and after the sentence that is favorable to the defendant : The above person subject to special mitigation (the minor degree of assault), contingent crimes, serious reflects, and no criminal conviction for which the sentence is identical or more, and other matters that form the basis for sentencing under Article 51 of

참조조문

-형법 제51조

-형법 제62조 제1항

-형법 제136조 제1항

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