(영문) 광주지방법원 목포지원 2015.04.06 2015고단167

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 목포지원 2015.04.06 2015고단167

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 22, 2014, the Defendant: (a) committed assault, such as cutting down the body of the Defendant or blocking the front of the Defendant, following E, to secure F’s new illness, by a police officer affiliated with the Logn Police Station D District D District, who was called out after receiving a report of 112 on the C-way in front of Sinpo City B on November 22, 2014.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on drinking control.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes of a report on investigation (Evidence No. 18 pages);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

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

1. Determination of types of crimes: Type 1 of obstruction of performance of official duties;

2. Determination of the scope of sentence: Basic area, six months to one year and four months (no special person shall be punished);

3. The criminal quality of the defendant is not weak in light of the fact that the defendant's act of deciding a sentence or suspending the execution of sentence prevents the measurement of drinking alcohol to F so that drinking may not be taken due to his behavior;

However, in consideration of the fact that the defendant's mistake is recognized and speaks against the defendant, that the police officer was dispatched after receiving a report of violence at the time and was not dispatched to the site for the drinking control from the beginning, that the defendant has no criminal records of the same kind, that the defendant has no criminal records of the defendant, the defendant's age, character and conduct, family relationship, etc., the punishment for the defendant shall be

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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