(영문) 인천지방법원 부천지원 2019.05.10 2019고단280

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 부천지원 2019.05.10 2019고단280

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

except that 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

At around 10:40 on December 26, 2018, the Defendant: (a) received a report from the Defendant’s house located in Seocheon-si B Building C, and received a report from the police officers that the Defendant sent to the 119 emergency medical service workers who sent to the police officers with the word that the Defendant would take and kill drugs; (b) took a bath and threaten them; and (c) took an attack from E who belongs to the D Zone Unit of the Busan High Police Station, the Defendant was sexually abused, such as drinking at one time the right side of the above E.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public safety and order.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the list of damage photographs and 112 reported cases;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [the scope of recommendation] The basic area (6 to 1.6 months) of the obstruction of performance of official duties (the decision of sentence] the act of obstructing the performance of official duties of police officers who wear the uniform by the defendant is not that of the crime.

However, the punishment as ordered shall be determined by taking into account the following factors: (a) the defendant's acknowledgement of the crime and reflects the mistake; (b) there is no record of punishment in excess of the same crime or fine; (c) the motive and background of the crime in this case; (d) the content and degree of interference with official duties; (d) the circumstances after the crime; and (e) the age, character and conduct, family relationship

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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