(영문) 의정부지방법원 2019.05.15 2018고단3444 (1)

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2019.05.15 2018고단3444 (1)

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On June 30, 2018, at least 20:20, the Defendant: (a) sent the said box to the said box, “D Doctrine intending to kill the liquor tax walk by killing the police walk; (b) Doctrine E belonging to the said box; and (c) Doctrine E identified the Defendant and “I see the case, I would like to kill the walk in the train.” In order to identify the case, the Defendant Doctrine “I am to kill the walk in the train, I would like to see the case, such as “I am in the train, I would like to kill the walk in the train.”

Accordingly, the defendant interfered with legitimate execution of duties concerning on-site measures following a police officer's criminal report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of the photographic Acts and subordinate statutes;

1. The relevant legal provisions on criminal facts, Article 136(1) of the Criminal Act on the selection of punishment, the reason for sentencing of sentence [the scope of recommendations according to the sentencing guidelines of the Supreme Court] The basic area ( June - January 1) of the obstruction of performance of official duties (the scope of recommendations according to the sentencing guidelines] is a crime that interferes with the execution of official duties by exercising active force against police officers.

The crime of obstruction of performance of official duties is a crime that is not good quality in terms of making it difficult to exercise the public authority, which is the basis of a rule of law, and that the damage is returned to a good number of citizens.

The crime of this case, which can be assessed as an affirmative attack against police officers in light of the mode and degree of force used by the defendant, belongs to the case where the crime of this case is serious even during the types of crimes of obstruction of performance of official duties.

Defendant has been punished for violent crimes even before.

However, under the influence of alcohol, the defendant seems to have a hearing impairment.

참조조문

-형법 제136조 제1항

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