(영문) 대전지방법원 천안지원 2015.10.06 2015고단1331

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 천안지원 2015.10.06 2015고단1331

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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

On June 15, 2015, at around 20:35, the Defendant was under the influence of alcohol at the main point of “C” located in Asan City B, and committed assault, such as the flabing and disputeing of the flab. Around 20:35, the Defendant: (a) the police officer affiliated with the D District of the Asan Police Station D District, who was dispatched upon receipt of a report 112, asked the Defendant’s personal information; (b) “I want to take the flab of the said F, flabing, and flabing the Defendant’s flab, and flabing the Defendant’s flab, and flabing the flab of the said B’s flab.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written statement of F, H and G;

1. A damaged site and a photo;

1. 12 reported case management table, and 112 patrols' work place;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the fact that the victim is not seriously injured and that there is no past record of criminal punishment exceeding a fine);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria [Scope of Recommendation] The basic area (six months to one year and four months) of the obstruction of performance of official duties shall be the category 1 (the obstruction of performance of official duties and the coercion of official duties).

2. The sentence shall be determined as ordered by taking into account the following circumstances, including the major circumstances and records prior to the decision of sentence, the background and motive leading up to the defendant to commit the crime, the means and method of committing the crime, the circumstances before and after the crime, and the age, character, conduct, career, and environment of the defendant as shown in the pleading of this

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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