(영문) 대전지방법원 서산지원 2015.06.12 2015고단367

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 서산지원 2015.06.12 2015고단367

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 March 23:53, 2015, the Defendant committed assault to the “D convenience store” in front of the “D” store located in Jinjin-si, the Defendant and convenience store operators, on the ground that F, who was called out after having received 112 reports on the assault case between the Defendant and convenience store operators, would ask the Defendant only personal information, thereby obstructing the police officer’s legitimate execution of duties regarding the crime prevention and suppression of police officers, by assaulting the F, on the ground that F, who was called out to the said F, would have taken the desire to “grash” on the hand floor of the F, and, on the other hand, would have taken the desire to “grad in the front.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. G statements;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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 [Scope of Recommendation] There is no basic area (6-1-1-4 months) of the obstruction of performance of official duties (6-1-1-4 months), [decision of sentence] of the sentence] of the basic area of the obstruction of performance of official duties (6-1-1-4 months] (decision of sentence] of the defendant's punishment is disadvantageous to the police officer who called out after receiving a report on his/her failure of drinking, and exercises violence, and thus, the nature of the crime is not good, and it is advantageous to his/her mistake.

In addition, if this judgment becomes final and conclusive, the sentence like the order shall be determined by comprehensively taking into account the fact that the defendant is expected to be forced to leave the Republic of Korea and all the sentencing conditions shown in the records

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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