(영문) 수원지방법원 안산지원 2014.10.01 2014고단2145

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(영문) 수원지방법원 안산지원 2014.10.01 2014고단2145

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On July 15, 2014, around 23:49, the Defendant: (a) received a report from the officer “D” located on the 2nd floor of the Yansan-si, Masan-si, Masan-si, the second floor of the building; and (b) received the report from the police officer, who was called “the person under the influence of alcohol in front of the business establishment inside the building,” and sent home from the E District Assistant F of the Ansan Police Station E District, the police officer, who was called the police officer, “I think of the death of the police officer during the Sewol ferry; (c) the police officer’s front of the police officer for about 30 minutes; (d) obstructed the police officer from blocking the front of the police officer and the police officer’s front of the patrol; and (d) obstructed the police officer from opening the door of the vehicle; and (e) took part in the f’s hand, f’s kbling the son, and the f’s chest part twice.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A copy of the working log;

1. The application of statutes to prepare and report recording records;

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

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

1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act is a crime that interferes with the performance of official duties by assaulting a police officer dispatched by a defendant upon receiving a report, and thus prevents the victim from recovering damage, etc., the crime of this case is determined as ordered in consideration of the favorable circumstances such as the defendant's recognition of the crime of this case, and reflects his mistake in depth, and all the conditions of sentencing as shown in the trial

참조조문

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