(영문) 광주지방법원 순천지원 2016.10.20 2016고단1429

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자간(%)

(영문) 광주지방법원 순천지원 2016.10.20 2016고단1429

공무집행방해

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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 27, 2016, at around 23:46, the Defendant 23:46, at around the “C” restaurant located in B, the Defendant: (a) heard the police officer’s face; (b) seeed that the Defendant was scam backing from the police officer E, and scam back from the slope, who was called by the Defendant after having been reported that the restaurant entrance was scam opened and scamed; and (c) scaming the sand from construction work on the Amopon; and (d) solicited the said police officer to stop the Defendant and re-enter the Defendant; (b) then scam down on the face of the police officer; and (c) scam back the body part of the F in a slope by drinking.

The Defendant continued to arrest a flagrant offender with the suspicion of obstruction of the performance of official duties from the above police officers in the process of arresting a flagrant offender at the same time, and laid the front seat of the patrol police officer at one time, and then laid the front seat of the patrol police officer E, and saluted the direction to the security guards E.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression, and maintenance of order of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and E by the police;

1. Application of black stuff images and CCTV video-related Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act;

1. The fact that probation and community service order Article 62-2 of the Criminal Act does not have the same criminal history and is against the defendant for the reason of sentencing is favorable to the defendant.

The reason and content of the act of committing the instant crime is very serious for police officers who want to have the Defendant returned home.

In full view of these circumstances, the punishment as ordered shall be determined.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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