(영문) 인천지방법원 부천지원 2015.03.26 2015고단113

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Reasons

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줄 간격

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(영문) 인천지방법원 부천지원 2015.03.26 2015고단113

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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

On November 16, 2014, at around 09:15, the Defendant 112 reported to the effect that “A person who was under the influence of alcohol on the road,” among the persons diving on the street in the front of the “C cafeteria” located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, the Defendant: (a) told the police officer E belonging to the Kuan Police Station D District Unit of the original police station, who was called to “a person under the influence of alcohol on the road; and (b) told the police officer to return home from the E; and (c) assaulted the above E’s mouth by continuously walking the parts of the E, and continuously sating the parts of the 112 reported case, thereby interfering with the police officer’s legitimate execution of duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by police to E (victims);

1. Application of the Acts and subordinate statutes to each investigation report and photographs of victims;

1. Article 136 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. The scope of recommendation [decision of type] The sentencing criteria for crimes of obstruction of performance of official duties, the obstruction of performance of official duties, and the first category [the scope of recommendation] (the scope of recommendation), six months to one year and four months (basic area).

2. Determination of sentence: Imprisonment with prison labor for not less than eight months, suspension of execution two years, community service work 40 hours, Defendant appears to have caused the instant crime by contingency under the influence of alcohol, including the fact that Defendant has no criminal record for the same kind of crime, and other matters, such as the age, character and conduct of the Defendant, circumstances after the crime, etc., shall be

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조

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