(영문) 서울남부지방법원 2015.10.16 2015고단3564

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2015.10.16 2015고단3564

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, 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 22:50 on August 27, 2015, the Defendant asserted that the Defendant did not return his/her identification card to a police officer when he/she was investigated as a assault case at the Yeongdeungpo Police Station C District located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, as his/her police officer, and used the slopingD belonging to the above C District as his/her hand to take care of the police officer and control it.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E statements;

1. The application of C District CCTV images panish photographs and CD-related Acts and subordinate statutes;

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;

1. Reasons for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (6 months to 1 year and 4 months) of the obstruction of performance of official duties (the special person who has been sentenced] [decision of sentence] Defendant has been punished several times for violent-related crimes, but the nature of the crime is not easy in that Defendant again committed the crime of this case.

However, in light of the fact that the degree of assault cannot be deemed severe, that the defendant is often divided and reflected in his/her mistake, that the defendant seems to be difficult to check his/her prison life in Grade II intellectual disability, and that it is also difficult for the defendant to check his/her prison life in Grade II intellectual disability, and all other conditions of sentencing, such as the age, character and conduct, environment and circumstances after the crime, shall be determined within the scope of the recommended sentence and the execution of the sentence shall be suspended on the condition

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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