(영문) 수원지방법원 평택지원 2015.03.06 2015고단45

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 평택지원 2015.03.06 2015고단45

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 December 18, 2014, at around 22:00, the Defendant: (a) 112 reported on the front side of the Ansan apartment located in the middle-ro 61-gil in front of Pyeongtaek-si, Bupyeong-gu, Seoul, the Defendant: (b) expressed a desire to “Cinch, finch, match fat,” and (c) assaulted the Defendant’s left side side side part of the above C, which embling the Defendant, one time at drinking; and (d) fling fat, fat, fat, etc. of fat.

Accordingly, the Defendant interfered with the police officer's legitimate performance of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Written statements of D;

1. Application of statutes on photographs of damage;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the case where the degree of violence, intimidation, and deceptive scheme is minor in the mitigated area (one to eight months) [Special Mitigation] [Determination of Sentence] of the Suspension of Performance of Official Duties, the crime of obstructing performance of official duties in this case requires strict punishment as a crime detrimental to the function of the State by nullifying the legitimate exercise of public authority. However, although the crime of obstructing performance of official duties in this case is recognized as the crime of abusing the State’s functions, the defendant recognized the facts charged in this case and reflects his mistake, the defendant has no record of being sentenced to punishment exceeding the same kind of mistake or fine, the fact that the defendant committed a contingent crime under the influence of alcohol, the fact that the defendant would not repeat again, and other circumstances indicated in the record, such as the defendant’s age, character,

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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